How to Sue Correctional Healthcare

If you have been sentenced to prison in Florida, you still retain many basic constitutional rights. These include the right to a reasonable standard of medical care and attention during your time at the prison. When such care is not provided, gets delayed, or is not on par with the legal standard, you can file a lawsuit with help from a local medical malpractice lawyer at Fischer Redavid PLLC.

Many private healthcare providers cater to the medical needs of inmates at prisons across the state. These private entities are for-profit. Sadly, it is not uncommon for them to practice negligence toward inmates and fail to provide an expected level of medical services.

Here is a look at the legal obligations of a correctional healthcare provider and some examples of negligence as practiced by such providers.

Legal Obligations of Correctional Healthcare

Healthcare providers in prison have a legal obligation to provide adequate, reasonable, and timely medical care to the inmates. This is guaranteed under the Eighth Amendment to the U.S. Constitution.

However, healthcare providers may cut corners to maximize their profits. This can result in delays and denials in providing medical care to the inmates when they need it. The inmates may suffer injuries and health complications as a result.

Many inmates arrive at a prison with substance abuse problems. Acute withdrawal symptoms for alcohol or drug abuse can result in serious medical complications and even death. This is just one reason why a majority of prison deaths occur within one week of incarceration.

It is possible to hold correctional healthcare providers liable for such negligence. You can bring a medical malpractice lawsuit against the healthcare provider. At the same time, you may also be able to bring a lawsuit against prison authorities for deliberate indifference.

When Is a Correctional Healthcare Provider Liable?

A correctional healthcare provider can be held liable in various situations involving delayed, poor, or lack of medical care and attention to the inmates. Some examples include:

• Failure to provide medical care to alleviate physical pain
• Failure to provide medical care during a medical emergency
• Deliberate indifference towards a serious injury or medical condition
• Failure to provide prescribed medication to an inmate

When proving the negligence of the correctional healthcare provider, you must show that you had a “serious medical need” and that the healthcare entity failed to provide reasonable care suited to this need. Such medical neglect merits a lawsuit under the Eighth Amendment.

Reach Out to a Miami Medical Malpractice Lawyer

If you or a loved one has suffered medical neglect in a Florida jail, we want to help you. Here at Fischer Redavid PLLC, our attorneys can work with you to hold the correctional healthcare provider accountable for negligence. We can work with you to identify the liable party, file a lawsuit, gather relevant evidence, and negotiate the right amount of settlement.

Call us today at 954-860-8434 or submit our contact form to discuss your case with our lawyers.