NY Prisoner Awarded $3,000 for Delay in Treating Broken Thumb
NY Prisoner Awarded $3,000 for Delay in Treating Broken Thumb
A New York state prisoner was awarded $3,000 in damages after a trial in which the court found the state liable for medical negligence.
Michael Brady was confined at the Camp Pharsalia prison in New York in June, 2004,when he got into a fight with another prisoner. After the fight he was immediately transferred to Marcy Correctional Facility, a higher security prison, where he was seen by a nurse for the first time. Brady was diagnosed with an injured thumb on his right hand, given ice and ibuprofen for the pain, and discharged. Brady described the pain as a 10 on a scale of 1 to 10.
Eight days later, Brady was finally sent for x-rays to an outside hospital. During this time, Brady said he was in excruciating pain and that no doctor had splinted his hand. As a result of the x-rays, it was discovered that Brady would have to have fusion surgery on his thumb.* Brady alleged that the surgery was only made necessary by the delay in medical treatment.
Brady had several pins inserted into his hand, one of which caused an infection after it protruded through the lower part of his thumbnail. He had to wear three different casts, and had to return to the hospital twice to remove the pins. Two separate scars remain, one from the surgery and one from the infection.
Brady later sued, arguing that the delay in treatment was the proximate cause of the need for fusion surgery and the resulting pain and suffering.
Following conflicting medical testimony, and after hearing from Brady himself, the court concluded that while the delay in treatment was not in fact what precipitated the need for surgery, it did cause unnecessary pain and suffering. The court held that surgery would most likely need to have been performed regardless of the lack of immediate treatment.
Noting that Brady was responsible for the initial injury, the "defendant's liability extends insofar as it did not ameliorate the pain by immobilizing the joint," the court wrote.
Brady was represented at trial by attorney Ryan H, Asher of Asher & Associates, P.C.
See: Brady v. The State of New York, NY Court of Claims, No. 2012-044-011, Claim No. 112444 (June 1, 2012).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Brady v. The State of New York
| Year | 2012 |
|---|---|
| Cite | NY Court of Claims, No. 2012-044-011, Claim No. 112444 (June 1, 2012) |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Damages | 3,000.00 |