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Question

My Friend's son is in jaili Kentucky & he was denied medical helphelp now he is paralzyed. What is the prisoners rights about receivinh medical help? & also what can she do about this?

Submitted: 18 days and 13 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: New Hampshire

Already Tried:
She has made a few calls. But that is it. We are trying to find out what the prisoners rights are in Kentucky & vermont.

Accepted Answer

Thank you for your question. I'm very sorry to hear about your friend's son's situation. He may have a remedy at law.

A prisoner has a constitutional right to receive medical care in every US state in accordance with the Eighth Amendment to the US Constitution. In fact, while prisoners can be charged for medical care received, they cannot be refused care for inability to pay. Your friend's son may have grounds for a considerable lawsuit.

He may wish to speak to a local New Hampshire attorney about such possibilities. His attorney may be willing to accept the case on a contingency basis. With a contingency matter, the attorney only receives payment if money is recovered for the client (though the client may have to pay some of the expenses related to the suit regardless).

He may also wish to speak to the American Civil Liberties Union, as the ACLU is involved in advocating prisoners' rights.

The ACLU has a great article about this subject at the following link.
http://www.aclu.org/images/asset_upload_file690_25743.pdf

The ACLU can be reached at the following link.
http://www.aclu.org/prisoners-rights/medical-care

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Good luck,
T

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Expert: T-USA
Pos. Feedback: 98.8 %
Accepts: 
Answered: 11/4/2009

Attorney

Licensed FL Attorney

18 days and 13 hours ago.

Reply

Herou son is in jail in Kentucky. She lives in Nh. Who can she talk with To get help with this matter. Because she CAN NOT afford a lawyer she is basically homeless.

Posted by T-USA 18 days and 13 hours ago.

Answer

Thank you for your question.

Her son will have to retain a lawyer himself. Unfortunately, she would not have standing to sue. Only her son would. While family members can pay legal fees, the client himself must retain a lawyer (as opposed to the client's family members).

As mentioned previously, her son may wish to contact the ACLU for assistance. Alternatively, an attorney may accept the case on a contingency basis (meaning he doesn't pay if he doesn't win).

This link contains the ACLU's contact information:
http://www.aclu.org/contact-us

This link is a list of lawyer referral services in Kentucky that can help him locate a lawyer to represent him.
http://www.kybar.org/291

Please click accept so that I will receive credit for my time and my effort spent responding to your questions. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Good luck,
T

_____________________________________

Please click the green
Accept Button for each and every answer and leave Positive Feedback so that I receive credit for answering your question. Bonuses are greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/services. Correspondence through JustAnswer may be visible to the public. If you need legal advice/services you should seek, in person, a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.

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