When people are placed in a prison or jail as pre-trial detainees or convicted prisoners, they have a constitutional right to adequate medical care. If this right is violated and an incarcerated person suffers great pain, injury or even death, they can file a civil claim against the facility and its staff for medical negligence. Our top-rated jail medical neglect attorneys are committed to pursuing justice for these victims by fighting for maximum compensation in every case we handle.
Medical Malpractice
Medical malpractice claims against correctional facilities and their staff are usually filed under state law or 42 USC 1983. To prevail on a claim, an inmate or prisoner must be able to demonstrate that the medical provider failed to follow the accepted standard of care for a particular condition. This may include not running the appropriate tests to accurately diagnose a disease or dismissing an inmate’s complaints about an illness or injury.
The most common claim in these cases involves a failure to provide adequate medical treatment or diagnosis. These claims can be complex, but our attorneys understand the correctional health system and the federal laws that govern it. We also have a deep understanding of the medical malpractice and wrongful death statutes that apply to these cases.
Our lawyers believe that it is important to document any incidents or injuries while in jail or prison so that evidence of negligent care can be obtained. We recommend that family members write down any issues and fax them to the warden’s office, as this often prompts action. We also strongly encourage our clients to see their regular doctors and keep copies of their medical records.
Injuries Due to Negligent Conditions
In addition to providing adequate medical care, correctional facilities have a legal duty to ensure safe living conditions for inmates and detainees. If an inmate is injured due to unsafe conditions at a prison, including poor sanitation, inadequate security measures or violence inflicted by other inmates, a claim for negligence may be valid.
We also file prison wrongful death claims against private correctional healthcare companies, such as Corizon Health. For example, in one case, an Idaho inmate under the company’s care was denied antibiotics following dental surgery at the Pocatello Women’s Correctional Center. She suffered a rare and potentially fatal infection as a result. In such cases, a plaintiff must prove that the healthcare company owed a duty to the inmate and breached that duty by failing to provide treatment that would have been provided to other patients in similar circumstances.
In all cases of medical negligence against correctional facilities and their staff, it is essential to have an attorney on your side who knows how to navigate the complexities of these claims. Our firm has successfully prosecuted thousands of prison and jail medical malpractice and wrongful death claims for our clients. Contact our office for a free consultation today. We are available to help you pursue justice for your family member.