When medical neglect or medical deprivation causes further injury, pain, and suffering to prisoners, the inmate often suffers extremely serious and completely avoidable adverse consequences. Fortunately, in many cases, people who are affected by prison medical neglect can recover compensation by filing a civil rights lawsuit against the federal, state, or local government.
Not surprisingly, however, obtaining a judgment or negotiating a settlement with the government can be a difficult task and involves complex federal law, so anyone affected by medical neglect or medical deprivation in custody should speak to an experienced Philadelphia police brutality lawyer at the Zeiger Firm as soon as possible.
Offenders in local, state, and federal prisons have the right to receive medical attention and care when needed, including for both long-term illnesses and short-term injuries or conditions. Prisoners should also receive mental health care when it is appropriate based on the specific situation. Medical care provided to prisoners should meet the standard of being “adequate” given the circumstances.
These rights apply to individuals serving a prison sentence following a criminal conviction, as well as individuals detained while their cases are pending. Prison management and staff should never show deliberate indifference to the medical needs of anyone in custody. Furthermore, they should never engage in medical deprivation when they are aware of the fact that prisoners need care. If they do, prisoners can suffer serious and preventable medical complications, unnecessary pain and suffering, or avoidable death. If this happens, discuss legal options with an experienced Pennsylvania prisoner rights lawyer right away.
Anyone can experience sudden health issues or injuries, and individuals detained in state prison are no different. Some people enter custody with known medical conditions, including heart disease, diabetes, epilepsy, and more. Others sustain acute injuries in accidents or due to violence while they are serving a prison sentence. Some prisoners develop health issues while in custody that might be short-term, chronic, or even terminal.
Medical neglect and medical deprivation can take a variety of forms in prisons, including the following:
In reality, the above can manifest in a variety of complications and injuries for inmates. Some practical examples of prison medical neglect can include:
Medical neglect in prisons can take many forms, and the result can harm inmates in various ways. If adequate medical attention could have prevented the harm, you should hold the prison accountable for your suffering and losses.
Many inmates and their families do not realize the extent of an inmate’s constitutional rights while in custody. When state or local prison officials violate someone’s rights, the affected inmate can seek relief for their injuries and losses by filing a claim under 42 U.S. Code § 1983, known as Section 1983. Generally, state and local governments are immune from civil liability, though Section 1983 provides the right of injured individuals to take action against government actors who violate their rights and/or cause harm.
Though a 1983 medical negligence claim will name the state or local prison as the defendant, you must file this claim in federal court, as you will base your claim on federal law. Specifically, you need to file your 1983 claim in the Federal District Court for the Eastern District of Pennsylvania if the jail or prison is in Berks County, Bucks County, Chester County, Delaware County, Lancaster County, Lehigh County, Montgomery County, Northampton County, or Philadelphia County.
You can expect the government to fight against liability for its medical neglect in prison in a highly complicated Section 1983 claim. For this reason, seek help from the right civil rights lawyer who can assess your case and handle every step of the legal process. The Zeiger Firm is ready to protect your rights.
In some cases, prisoners are housed in private jails, private halfway houses, and private medical facilities. In these instances, prisoners can still sue for a medical deprivation claim. While the inner workings of the lawsuit against the private party provider may differ, the lawyers at the Zeiger Firm have the know-how to sue the private entity in federal court and make them pay for their mistakes.
If an inmate is denied medical care or given inadequate at a private facility, the attorneys at the Zeiger Firm are ready to go to battle. The willful difference by staff at private facilities is not acceptable, and when a client winds up in worse shape due to the deprivation or delay in care, a lawsuit must follow to correct the wrongs and to prevent future people in our community from being hurt.
While our focus for our client base is often medical neglect and medical deprivation, our lawyers are cognizant that often the main issue is medical malpractice. When we sue for medical malpractice, we must prove that the medical professional was negligent–that the treatment they provided did not meet the standard of care. The standard of care is set by the medical community.
A delay in care can also be medical malpractice in the prison context. The delay can cause a worsening of treatment and the condition of the patient. Obviously, in the case of cancer or diabetes, this can be devastating. This analysis includes everything from the nurse, doctors, pharmacists, and surgeons. Further, the last of post-surgical care can also be medical malpractice.
Understand, that our claims often involve both a medical deprivation claim and a medical malpractice claim. The inmate is permitted to bring both.
To determine whether you have a medical malpractice, medical deprivation, or willful indifference claim, you should discuss your situation with our civil rights attorneys as soon as you can.
If you suffered harm from medical neglect while in state custody, you may recover compensation for your losses. Experienced Philadelphia civil rights lawyer Brian Zeiger knows how to get injured clients the compensation to which they are entitled. To schedule a free case evaluation with Mr. Zeiger, call our office today at (215) 546-0340 or send us an email through our online contact form.
