Can a county jail be sued for medical negligence?

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My husband is in the cobb county jail in Ga. He has had severe pain from an impacted and infected wisdom tooth for about a week now. I had to call a total of 8 times for him to even be seen. The dentist told him they wont remove the tooth because its a wisdom tooth thats impacted. Now I know from experience that pain will not go away until its removed. I am worried about the infection spreading. Is the jail supposed to extract this because of the pain and infection that is in the tooth? If they dont do anything to help could we sue for medical negligence?

Attorney Answers

2
Elmer Young ·
In all likelihood, few extractions will ever be done until the infection is brought down to more managable levels. Antibiotics should have been prescribed for now. You wil have a whole additional set of issues adding a sheriff to the malpractice equation, but the medical folks are likely contracted services, so get a specialist in malpractice for sure! There are also special sympathy issues involved when the plaintiff is incarcerated. Good luck!
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Jonathan Sexton ·
Your husband is entitled to care that is "medical necessary" care. To refuse to provide this care is a violation of the 8th amendment's right to be free from cruel and unusual punishment. That being said, the problem is that the court's typically only protect an inmate's right to medically necessary care if the deprivation causes serious injury. It appears from your question that infection is involved. If he was treated with antibiotics and it cleared the infection then there is an argument that they provided the necessary medical care. I am not certain whether an impacted wisdom tooth would be a serious enough medical condition to get an attorney involved.
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