If you or a loved one has gone to prison in Miami, your constitutional rights 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 deliberate indifference claim with the help of a Miami deliberate indifference lawyer.
It is important to understand what this claim constitutes and when to file such a claim. Here is a look at what deliberate indifference is.
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:
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 the inmates. Many courts interpret gross medical negligence as a kind of cruel punishment.
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:
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.
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 the inmates. Our lawyers work with Miami prison inmates to ensure that their constitutional rights are protected.
Call us today at 954-860-8434 to discuss your deliberate indifference claim with our attorneys. You can also visit our website to reach us.
Have a legal question? Would you like to schedule a free consultation to discuss your case with an attorney? You can get in touch with us via the form on the right, by call or text (FL: 954-860-8434; GA: 404-287-2856), or on our social media profiles below.
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Hollywood, FL 33021
3379 Peachtree Road, NE.
Atlanta, GA 30326