NYS inmate was injured Monday not sent for X-rays til Friday. Fibula broken & didn't cast for 2 weeks! Does he have a case?

September 17, 2014

Question

NYS Inmate was Injured playing softball. He had to be carried off the field after hearing a bone crack. He wasn't sent out for X-rays until Friday. The fibula was confirmed broken. He didn't get sent out to have his leg cast until the following Thursday. 11 days after he broke it! Filing the incident report at the facility, they waited until his foot was wrapped up to take all the pictures for the report. We have all X-rays and pictures that we took as well as the ones from the facility. Any advice would be appreciated ! Thank you.

Answer

Bear in mind the case would be against the State of NY, and must be filed in the NY Court of Claims. No jury there, just a judge. A Notice of Claim must be filed within 90 days after the claim arises . You definitely need a lawyer who's taken inmate cases before, It can be a long and costly process,


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