Georgia Prison Medical Malpractice Attorneys
If you or a loved one have suffered medical malpractice in prison, you may be entitled to compensation. Prison authorities are obligated to provide reasonable medical care and attention to all inmates. When an inmate doesn’t receive such care and suffers health complications as a result, a lawyer can help sue for damages.
Liability for Medical Malpractice in Detention
When suing for in-prison medical malpractice, it is important to identify the liable party. In some cases, more than one entity can be held liable.
It is the responsibility of a prison healthcare provider to ensure that due medical care and attention are provided to inmates.
When establishing a case for medical malpractice, you must prove the following four elements:
- Duty of care: A duty of care is a legal obligation that one party has towards another party. A physician must properly treat and care for their patients. A healthcare provider in prison likewise has a duty towards the inmates.
- Breach: A breach of duty of care occurs when a healthcare provider fails to ensure a reasonable standard of care.
- Injury: The third element of negligence is actual injury. You must have suffered an injury due to the healthcare provider’s negligence.
- Damages: The injury you’ve suffered due to negligence must be significant enough to result in economic and non-economic damages.
It is possible to hold prison authorities and healthcare providers liable at the same time. Under the Eighth Amendment to the United States Constitution, the correctional staff can be held responsible for failing to ensure the timely provision of medical care.
It is important to note that lawsuits filed under the Eighth Amendment and medical malpractice claims are two separate legal matters. If you have suffered medical malpractice in prison, you may be able to file one or both of these types of lawsuits.
What Is Deliberate Indifference?
When proving medical malpractice in a prison, you typically have to show that a medical professional exercised deliberate indifference.
This involves proving two separate things: One, that there was a significant risk to the inmate’s health and well-being, and that the healthcare provider was aware of this; and two, that the provider failed to take proper steps to avert this risk.
Connect with Our Georgia Prison Medical Malpractice Lawyers
If you or a loved one has suffered medical malpractice in prison, you have a right to seek justice. You may be able to sue the prison authorities, the treating physician, or other parties.
Here at Fischer Redavid PLLC, we can review your case and help you prepare a robust claim for maximum compensatory damages. We can also negotiate with the negligent parties on your behalf to help you get the best settlement.
Get in touch with us today by calling (954) 800-2155.