Deliberate Indifference Attorneys in Florida
The constitutional rights of prisoners are still intact. The U.S. Constitution guarantees that your civil rights are protected even when you are imprisoned. When these rights are violated and result in an injury, you can file a claim with the help of our Florida deliberate indifference lawyers.
What Is Deliberate Indifference?
Deliberate indifference is when a guard or official responsible for an inmate’s safety recognizes a risk but fails to avert it. Proving deliberate indifference is harder than proving simple negligence.
When proving a claim based on this, you must prove two separate things:
- The liable person was well aware of the risk to the inmate, such as violence from a fellow inmate or a rapidly deteriorating medical condition
- The liable person failed to take any action, like removing the inmate to a separate cell or ensuring timely medical care
When such negligence leads to an injury or illness, you can sue the correctional guard or official for damages. Such lawsuits are typically filed with the Eighth Amendment to the U.S. Constitution to back them up. This amendment guarantees that no cruel or unusual punishments shall be inflicted on inmates. Many courts interpret gross medical negligence as a kind of cruel punishment.
What Is a Serious Medical Need?
Most deliberate indifference claims are filed when an inmate doesn’t receive proper medical care at a time of serious medical need. The term “serious medical need” has been defined and refined by several courts over the years.
As per these definitions, a “serious medical need” is a medical condition that has been diagnosed by a doctor as requiring treatment, or that even a layperson could recognize as a condition worthy of a doctor’s attention.
Some examples of deliberate indifference to a serious medical need may include the following:
- Substandard treatment from a healthcare provider
- Unreasonable delay in providing medical care and treatment
- Ignoring the medical needs of an inmate
Deliberate indifference can lead to serious medical complications and even death. A vast majority of inmate deaths occur within the first seven days of incarceration. This is often due to pre-existing medical conditions and substance abuse withdrawal symptoms. When guards or officials fail to take reasonable measures to handle these risks, inmate deaths can occur.
How Can Our Florida Deliberate Indifference Lawyers Help?
If you or someone you know has faced a violation of their basic rights in a prison, we can help you. Here at Fischer Redavid PLLC, we handle deliberate indifference claims related to the medical needs of inmates. Our lawyers work with prison inmates to ensure that their constitutional rights are protected.