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I was incarcerated in AR from 2006-2012. I am needing to get…

Customer Question
I was incarcerated in...

I was incarcerated in AR from 2006-2012. I am needing to get my medical jacket. I am needing to know if there is a statue of limitations and also whom do I need to contact?

Lawyer's Assistant: Has anything been filed or reported?

No, but I may have a claim against the medical department, due to lack of care. I was diagnosed with the early signs of COPD in early Jan. of 2004. During orientation, I informed them of that. The only treatment I received was inhalers and updrafts. Approximately 6 months before release, I was sent to UAMS in Little Rock. Was seen by 2 different specialts on 2 different times. Then, I was told they couldn't believe I wasn't on Oxygen therapy.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. When the prison's doctor received the report from Little Rock, I was scheduled to see him. I was getting released from prison within 6 months, and he advised me that the first thing I needed to do once released was to sign up on disability. The specialists in Little Rock stated, I was at stage 4 of the life ending disease COPD. I was approved for disability in 3 months once I filed. I was wondering if I had a case against the ARKANSAS DEPT. OF CORRECTIONS due to lack of care while incarcerated. I believe that if I had been being treating by a specialist during the time I was locked up, I might not be as far along in the disease process.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Arkansas

Submitted: 3 months ago.Category: Legal
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Answered in 3 minutes by:
3/14/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,165
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under AR law, you have 2 years from the date of the alleged medical malpractice to file suit against the prison medical staff. See: Ark. Code Ann. § 16-114-203. In order to sue in AR, you will need to have a licensed doctor in AR testify that based on their examination, had you received different care from the prison medical staff you would not be facing this type of damage. If you can get such a medical expert to testify and you are within the 2 year statute of limitations, you could sue for medical malpractice.

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Customer reply replied 3 months ago
How do I have to retrieve my medical records even tho I can't file a suit against them? Well, that was not the answer I was hoping to get, but what it is, is what it is. I greatly appreciate your help in finding out if or what I was able to do!! You were very professional, and quick to respond! Thank you very much!! Sincerely yours,*****
Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply.

Under HIPAA, you are entitled to the records by making a written request to the department of corrections health unit. So, if they do not reply and provide the records, your next step is a complaint to the US Department of Health and Human Services for violation of HIPAA for not providing access to your medical records.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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