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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33317
Experience:  16 yrs. of trial experience
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I was incarcerated under the influence of a prescribed

Customer Question

I was incarcerated for driving under the influence of a prescribed medication. While I was incarcerated they refused to let me have medications that I have to take for an organ transplant. Even though I informed them when I got arrested and i informed them when it was time to take my medication. I also contacted my mother and she told him she would bring them but they said they would not allow me to have it.
Submitted: 11 months ago.
Category: Legal
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

That is, are you in jail now and suffering because of this?

Customer: replied 11 months ago.
I was incarcerated for driving under the influence of a prescribed medication. When they were booking me I told them I had to take anti rejection medications for a transplant I had over 4 years ago. First thing they refused me a phone call second thing a police officer that personally knows me contacted my mother and was told that I could not receive those medications while I was incarcerated. When my alarm on my phone went off I asked again and the guy says we do not prescribe medications. I could understand if it was a medication for my blood pressure or a medication for pain or any other minor things. Without these medications that I told them about and my mother told them about and the police officer that you me told him about they still would not allow me to have them. I could actually lose a organ for missing dosages. World they legally liable for not allow me to have them?
Expert:  P. Simmons replied 11 months ago.

So you are no longer in jail (sorry...I need to understand the dynamics...I often answer questions from folks asking for others)?

If you are out, how did this harm you (the lack of your meds)?

Customer: replied 11 months ago.
Are you at all familiar with organ transplants.
Expert:  P. Simmons replied 11 months ago.

Yes. I am.

Customer: replied 11 months ago.
Let's go this way type 1 diabetics which I used to be have died incarcerated because they were not given their medications do I not play along that same line?
Expert:  P. Simmons replied 11 months ago.

Again, my question is how did this impact you?

How did their denial of medication impact you / your health?

Customer: replied 11 months ago.
Good gracious alive I don't know how to say it any clearer I have to have these medications because without them I can lose an organ. Did I lose the organ because I didn't take the medication that is to be determined. As of right now I am fine. Understand I do not want to see them I just don't understand why I was not allowed to have them it caused me severe anxiety because the organ is almost fell three times. I have had to be in the hospital three different times for three treatments to keep the organ from failing.
Customer: replied 11 months ago.
I have to go back to work am I going to get an answer or do I need to get back on when I'm off work
Expert:  P. Simmons replied 11 months ago.

Thanks

And sorry for the confusion.

I ask because IF you want to go into court you MUST have evidence of harm or, at least, evidence (from a medical doctor) that this conduct (the state withhold your meds) stands a likely chance of harming you

That is a baseline...unless you have such evidence? You have no case

Now...what you are describing, if there is evidence of harm (or potential harm)? Then you have a great case.

It really is that simple.

Talk to your doctor. Get their opinion on IF this denial of your meds has harmed you or increased the likelihood you will be harmed (loosed an organ or bodily function). IF they believe so? Then you may have enough to bring a civil rights case

If there is evidence that this action caused you harm or increase the chance of organ failure for you in the future? You can ue for a violation of your civil rights

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.