Deliberate Indifference

Georgia Deliberate Indifference Lawyers

If you or a loved one has faced mistreatment in prison, you may have several legal options. State and federal laws stipulate that all prison inmates have certain rights. These include the right to proper medical treatment. If your rights were violated as an inmate, our Georgia deliberate indifference attorneys can help you seek compensatory damages.

Many inmates at a prison arrive with medical complications. These complications can be immediate and severe, especially in people with substance abuse issues. Other medical problems, such as mental health issues, can be an ongoing concern for other inmates.

It is the legal responsibility of the prison authorities to provide reasonable medical care to inmates when needed. Failure to do so may constitute deliberate indifference. There are other forms of prison negligence that can also lead to deliberate indifference claims.

What Is Deliberate Indifference?

Deliberate indifference constitutes a failure to avert a known risk or hazard to a prison inmate. It is legally broken down into two parts. 

When proving deliberate indifference, you must be able to show that:

  • The liable party was well aware of the medical condition or another risk that the victim faced; and
  • The liable party failed to take reasonable measures to avert the risk, leading to the victim’s losses.

Most deliberate indifference claims apply to prison negligence related to medical care. However, they may also apply to other instances of inhumane treatment when such treatment violates prisoner rights under the Eighth Amendment.

Examples of Deliberate Indifference

Some examples of deliberate indifference include:

  • Failing to provide medical care for a known medical condition
  • Intentionally delaying or refusing medical care during a medical emergency
  • Failure to comply with a physician’s orders concerning inmate treatment or medication
  • Failure to ensure the safety of an inmate at the hands of other inmates when it was known that one or more inmates may hurt the victim
  • Denial of sanitary food or water for the inmate

These are just some of the instances that may give rise to a deliberate indifference claim. However, there are other situations where you can file such a claim.

Who Is Liable for Deliberate Indifference?

In most cases, prison authorities are held liable for deliberate indifference. This is simply because it is the legal responsibility of the correctional officers to ensure that the constitutional rights of the inmates are safeguarded.

When the required medication is delayed, a fellow inmate injures a prisoner, a prison healthcare provider is negligent, or an inmate suffers losses in any other way, the prison officials are likely to be held responsible.

Speak with Our Deliberate Indifference Lawyers in Georgia

If you have been the victim of mistreatment in prison, we want to help you. At Fischer Redavid PLLC, our lawyers can work with you to build up a solid claim backed with evidence. We can also negotiate on your behalf to secure the best possible settlement.

Are you an attorney with inquiries or a case to refer? Arrange a conversation with one of our lawyers or give us a call today at (954) 800-2155.

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