dka

BOP Expedited Processing

25 posts in this topic

I am currently a pro se plaintiff in a case during the discovery phase. The defense has gotten my medical records, but some records that are critical to identifying who the defendants are is missing.

These records are in the possession of the BOP, and they have not responded to emails asking for expedited processing.

Currently there is under 2 months of discovery time remaining.

Can I motion the court to order the BOP for expedited processing?

If so, how do I do this?

 

Is there something else I need to do to ensure I get these critical records before the discovery/case ends?

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15 hours ago, dka said:

some records that are critical to identifying who the defendants are is missing.

 

You wrote that "the defense" got your records, but your comment about records "that are critical to identifying who the defendants are" implies that there are some defendants that are unknown?  Can you elaborate on this? Why are your medical records "critical to identifying who the defendants are"?  Also, from whom did "the defense" obtain these records and why were some of them missing?

 

 

16 hours ago, dka said:

Can I motion the court to order the BOP for expedited processing?

 

A motion is simply a request to the court to enter an order, and you can ask the court for whatever you want.

 

 

16 hours ago, dka said:

If so, how do I do this?

 

Not really sure what this question means.  You prepare a motion in the proper format and file it.  Any sort of step-by-step guide as to how to prepare and file a motion would be way beyond the scope of an internet message board.

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There are 2 defendants, one is known, one is not.

My medical records came from the bureau of prisons, but did not contain any medical records that could be used to identify the unknown defendant.

The reason the missing medical records are needed to identify the unknown defendant is I know the exact day and time I interacted with the defendant, but those particular medical records are absent. Since the records are absent, I can't use them to identify the defendant. The defense attorney has stated I need to ask the BOP personally for the records.

 

Already I feel I am going into a bit too much detail since this is a currently running civil trial. Since I am clueless about what I can ask the court to do, I don't know if the court can order expedited processing for an organization not currently a part of the trial. Do I need to start suing the BOP to have the court order the BOP to process the records search faster?

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15 minutes ago, dka said:

My medical records came from the bureau of prisons, but did not contain any medical records that could be used to identify the unknown defendant.

The reason the missing medical records are needed to identify the unknown defendant is I know the exact day and time I interacted with the defendant, but those particular medical records are absent. Since the records are absent, I can't use them to identify the defendant.

 

How do you know there is a "medical record" that would allow you to identify the unknown defendant?

 

Keep in mind that it's difficult to understand this without a clear explanation of what happened, although I assume that you were or are in prison and were injured in some way while in the prison.

 

 

16 minutes ago, dka said:

The defense attorney has stated I need to ask the BOP personally for the records.

 

Who is the defendant if not the BOP?

 

 

17 minutes ago, dka said:

this is a currently running civil trial.

 

If you're still in discovery, there's no trial yet.

 

 

18 minutes ago, dka said:

I don't know if the court can order expedited processing for an organization not currently a part of the trial. Do I need to start suing the BOP to have the court order the BOP to process the records search faster?

 

Did you serve a subpoena on the BOP?

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15 minutes ago, dka said:

My medical records came from the bureau of prisons, but did not contain any medical records that could be used to identify the unknown defendant.

The reason the missing medical records are needed to identify the unknown defendant is I know the exact day and time I interacted with the defendant, but those particular medical records are absent. Since the records are absent, I can't use them to identify the defendant.

 

How do you know there is a "medical record" that would allow you to identify the unknown defendant?

 

Keep in mind that it's difficult to understand this without a clear explanation of what happened, although I assume that you were or are in prison and were injured in some way while in the prison.

 

 

16 minutes ago, dka said:

The defense attorney has stated I need to ask the BOP personally for the records.

 

Who is the defendant if not the BOP?

 

 

17 minutes ago, dka said:

this is a currently running civil trial.

 

If you're still in discovery, there's no trial yet.

 

 

18 minutes ago, dka said:

I don't know if the court can order expedited processing for an organization not currently a part of the trial. Do I need to start suing the BOP to have the court order the BOP to process the records search faster?

 

Did you serve a subpoena on the BOP?

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You are correct, I don't know if there is a medical record or not.

When I entered a prison, there is a medical interview called intake. The nurse at this intake said I would not get insulin. I got diabetic ketoacidosis and had to be hospitalized. This I believe to be a failure to provide adequate medical care. In total, I have spent over 1 month with diabetic ketoacidosis while in prison, having my constant vomiting ignored, though for this particular prison, it was only a day and a half about of no insulin.

I had expected there to be a medical record of this intake interview since it was a medical intake interview.

 

The two defendants are the unknown intake nurse, and the doctor (who I was told was in charge of writing a prescription for me to get insulin).

 

This is in court currently, in discovery. I don't know if that makes any difference on how much I'm allowed to talk about things.

 

I don't know what a subpoena is, so no. The BOP has not likely not been served any subpoena. I did file a tort claim that got denied though.

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33 minutes ago, dka said:

I don't know what a subpoena is

 

This is beyond basic stuff.

 

A subpoena is an order from the court (although it is issued by the clerk or by any attorney of record) for a non-party to produce documents relating to a lawsuit.  If you want documents from the BOP, it's the only way you're likely to get them.

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Thank you. I have already personally requested the records I need, and they have informed me the records are stored in a different state. I was unsure I could issue a subpoena to someone outside the court's state, but I will try. I appreciate your help.

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The BOP is not a defendant since I am clueless with law. I read they rarely lose, and I don't know how to state a claim against them that I might win.

I did not sue them.

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I will see what I can do to make the BOP a defendant. I hope this will make getting my BOP records easier. Thank you for your help everyone.

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Just to be certain -- no lawyers will handle this sort of case, right? I've tried, but never managed to find one.

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If the facts are favorable and you have sufficient damages to make it worthwhile to take the case on a contingency basis, you should have little trouble finding a lawyer to represent you.  That you haven't been able to find a lawyer tells me that one or both of these things are not present.

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I personally suspect I don't have sufficient damages. While diabetic ketoacidosis can kill quickly (and has been proven to have killed in other court cases), I survived. Since I survived, it's difficult to tell if there are any permanent damages. Any permanent damages I have could just be chalked up to being diabetic, and not taking care of myself... I don't know if the damages can be linked directly to diabetic ketoacidosis since diabetes damages affect the entire body causing amputations, blindness, death, etc... but diabetic ketoacidosis also causes entire body damages, just a lot faster.

 

I personally suspect the facts are favorable, if I knew how to present them, and I could identify the defendants... though due to the PLRA, even having favorable facts is very difficult. I have to basically prove this medical staff knowingly, and purposefully tried to injure me, and that I did not deserve it. This knowing and purposeful damage had to violate my constitutional rights. The PLRA is what stops almost every lawsuit started by prisoners, and results in even prisoners killed to lose cases (like if the doctor was not purposefully trying to kill someone, but the prisoner died from it, the doctor is completely innocent of any wrongdoing).

 

Is it too late to try to hire a lawyer for this case?

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It is only too late to hire a lawyer if the statute of limitations has passed.  However, it is unlikely a lawyer would take the case on contingency.  As you mention, you have little damage.  Since contingency representation involves a fee that is a fraction (usually 1/3 to 40%) of damages the fee would be minimal or non-existent.  Second, you should be aware that medical malpractice cases require expert testimony.  it is not sufficient to rely on your opinion on the appropriate and necessary treatment and the consequences of the lack of appropriate treatment.  Such expert testimony normally costs in the range of tens of thousands of dollars.  It is highly  unlikely any attorney is going to front that money with little chance of significant award.

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It is only too late to hire a lawyer if the statute of limitations has passed.  However, it is unlikely a lawyer would take the case on contingency.  As you mention, you have little damage.  Since contingency representation involves a fee that is a fraction (usually 1/3 to 40%) of damages the fee would be minimal or non-existent.  Second, you should be aware that medical malpractice cases require expert testimony.  it is not sufficient to rely on your opinion on the appropriate and necessary treatment and the consequences of the lack of appropriate treatment.  Such expert testimony normally costs in the range of tens of thousands of dollars.  It is highly  unlikely any attorney is going to front that money with little chance of significant award.

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Thank you, I had hoped I could rely on other cases where it was shown diabetic ketoacidosis can kill very quickly. I guess this is why they can leave people with diabetic ketoacidosis for long periods of time, and ignore vomiting right at their feet. (I was told to go get paper towel and clean it up by the nurse when I did that). Considering how often it happened, it makes more sense now.

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The statute of limitations has passed, and the case has already been started. Since the statute of limitations passed after the case had started, I think it would be ok to get a lawyer to handle it, if I could ever find one. Many attempts had no results, likely due to the difficulty of this case. It saddens me the utter abuse that can be done freely to prisoners, but, that's the way it is. Thanks for your help. The defense has asked the court that I should pay all the expenses of the defense on a loss, so that could already run me a lot of money.

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You would subpoena the records from the bureau of prisons you don't need a specific person, just the custodian of records will do. You would have to name the specific records you want, you can't request they go on a fishing expedition.

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