Kentucky Injury Lawyer Blog

Dean Ferguson, of Lexington, died while serving a weekend sentence at the Fayette County Detention Center earlier this month. It is now known that nurses at the jail denied Ferguson a medical assessment even though he was complaining of chest pain and shortness of breath.

Suffering from a pulmonary embolism, Ferguson was not taken to the hospital until the morning after his first complaints, the Lexington Herald-Leader reports. Records demonstrate that the nurse who last evaluated Ferguson had already checked his vitals and was “not going to see him again.” Surveillance tapes show Ferguson breathing heavily and swaying before he collapsed to his knees eleven hours before he was taken to the hospital.

Legal analysis by Shawn Cantley , Shawn's Mail:

When inmates are in custody detention centers have a legal duty to provide for the inmates’ care. This includes providing reasonable health assessments and treatments that coincide with the medical community’s standard of care. Should a detention center breach that duty they might be liable for all injuries caused by their actions or omissions.

Although James Kammer, assistant director of operations at the jail, had stated that there were no “significant issues that could have prevented the outcome,” a jury may disagree. Whether or not the nurses at the detention center acted reasonably in their evaluation of Ferguson is a factual issue, which in our legal system are decisions to be made by a jury.

If you or a loved one has been injured by the care they received at a detention center you might want to consider speaking with an attorney. Lawsuits against the government, including detention centers, can be complicated and involve many legal issues. An attorney can help you work through those issues, preserve evidence, and possibly help you recover for your injuries. The attorneys at Bahe Cook Cantley & Jones, PLC have experience with these types of cases and would be happy to speak with you.