Most federal and state prison facilities in Florida provide medical services to inmates through third-party contractors. These are private entities that may cut corners to increase profits. Medical care may be poor, delayed, or refused altogether when the inmates need it the most. A Miami medical malpractice lawyer can help you sue for damages in such cases.
However, medical malpractice claims for prison inmates differ somewhat from such claims filed outside of prison walls. For inmates, these claims typically involve the concept of “deliberate indifference.” Here is a look at what it constitutes and who may be liable for medical malpractice in prison.
Deliberate indifference is when a prison official knows about a substantial risk to an inmate yet fails to take reasonable measures. You must prove the deliberate indifference of the guards or correctional officers when bringing a prison medical malpractice lawsuit.
The deliberate indifference standard is higher than simple ‘negligence.’ It requires you to prove two things:
You can prove that the liable person was aware of the substantial risk in many different ways. You can use the medical history and video records to show that a clear risk existed. Alternatively, you can use circumstantial evidence, such as observable deterioration of the victim’s health, to argue that the risk was obvious.
The Eighth Amendment guarantees that all prisoners shall be safe from “cruel and unusual punishments.” This is legally interpreted to also mean that undue or wanton pain shall not be inflicted on prison inmates.
The amendment also relates to medical malpractice in prisons. This is because an instance of malpractice involves a failure to provide care at a time of serious medical need.
A “serious medical need” is defined as a need for medical care that, if not provided, can result in significant pain or injury to the sufferer. It also includes instances that do not involve life-threatening conditions.
You can hold a variety of parties liable for medical malpractice, depending on the details of your case. Your lawsuit against the healthcare provider will be based on medical malpractice. A potential lawsuit against the correctional guards will be based upon the violation of Eighth Amendment rights. You must provide relevant evidence to back up your claim of malpractice.
If you or a loved one has suffered injuries due to medical malpractice in prison, we can help you. Our team at Fischer Redavid PLLC believes that inmates have inalienable rights as enshrined in the U.S. Constitution. If these rights are violated, inmates may be entitled to legal and monetary compensation.
Call us today at 954-860-8434 to discuss your prison medical malpractice claim with our lawyers. You can also fill out our contact form to get in touch and schedule your free consultation.
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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