Lack of Medical Care and Medical Malpractice in Prisons

While prisoners’ freedom may be limited during incarceration, they are still entitled to basic civil and constitutional rights including the right to receive adequate medical treatment and mental healthcare while in prison.

When a correctional facility fails to provide necessary medical care, prisoners have the right to legal recourse to address injuries and medical costs. If your health or the health of a loved one is jeopardized in these situations, turn to HHP Law Group's jail medical neglect attorneys for guidance in safeguarding your rights.

Medical Neglect in Prisons

Across the nation, medical neglect permeates prison systems, claiming the lives of numerous inmates annually, despite a 1976 Supreme Court ruling that such indifference to inmate’s care constitutes cruel and unusual punishment. The devastating impact of this neglect was further exacerbated during the COVID-19 outbreak, resulting in the deaths of nearly 3,000 incarcerated individuals since the pandemic's onset in March 2020.

A recent report highlights the severe under-treatment of prevalent chronic conditions, including asthma, type 2 diabetes, HIV, and mental illness among U.S. prison inmates. Disturbingly, a study on inmates with serious mental illness revealed that interactions with prison staff were often dehumanizing, with their medical needs frequently dismissed by healthcare providers. This neglect was attributed to stigma-laden beliefs held by staff concerning incarcerated individuals, especially those with serious mental health issues.

Moreover, the systemic structure primarily tailored to male inmates has left correctional facilities ill-equipped to address the distinctive health requirements of female prisoners. Access to quality healthcare for women remains a critical concern, leading to preventable diseases going unnoticed and untreated. Inadequate provision of trained obstetrics and gynecology specialists has resulted in decreased screening rates and misinterpretation of test results, leaving many female inmates at a heightened risk of undetected health deterioration.

How Prisoner Medical Malpractice & Neglect Happen

Medical malpractice and neglect in prisons can manifest in various distressing ways, leaving inmates vulnerable to severe harm. Recognizing these issues is crucial, and seeking legal guidance from jail medical neglect attorneys is essential to address and rectify these injustices. Here are some examples:

• Untreated symptoms: Neglect occurs when evident symptoms of medical conditions are disregarded by authorities, leading to worsening health for the inmates.

• Care withheld: Deliberate withholding of necessary treatment, medications, or access to medical professionals, sometimes as a punitive measure, significantly endangers the health of the incarcerated individuals.

• Referral failures: Inadequate follow-up on medical referrals from generalists to specialists deprives inmates of crucial testing and treatment, delaying necessary interventions.

• Lack of timely care: Denial of prompt medical attention due to neglect or spite violates the standard of timely care, causing preventable harm and exacerbating medical issues.

• Misdiagnosis: Just like in regular healthcare settings, misdiagnosis can occur in prisons, leading to inappropriate or delayed treatments for serious health concerns, further endangering the well-being of the inmates.

What Does a Prison Medical Malpractice Claim Consist of?

Claims of medical malpractice in prison must meet the same four elements necessary for all malpractice cases. A plaintiff must prove the following: 

• Duty of care: Inherent in the relationship between a healthcare provider and the patient, duty of care requires the provision of appropriate medical care, accurate diagnosis, and treatment, which begins when the facility's doctor tends to the prisoner's medical needs.

• Breach of duty of care: Refers to the failure to deliver the standard level of medical care expected, such as the incorrect administration of treatments or the dismissal of valid patient complaints, leading to potential harm or worsened conditions.

• Injury: Indicates the tangible suffering resulting from misdiagnosis, inadequate treatment, or the failure to treat a condition during incarceration. Without tangible harm, there is no legal injury, even if there is negligence.

• Damages: Encompasses the economic or non-economic losses stemming directly from the injuries caused by the healthcare provider's negligence, such as additional medical expenses, pain and suffering, disability, or diminished quality of life. 

Working with Jail Medical Neglect Attorneys

Proving a case of malpractice or neglect within the confines of a prison can be an uphill battle. Witnesses may be scarce, and bureaucratic hurdles can hamper access to critical information. Yet, jail neglect attorneys are undeterred in the face of these challenges. They possess the expertise to construct a robust case under trying circumstances. Their approach involves painstakingly gathering evidence, reconstructing the specific circumstances of your case, and crafting a persuasive argument to substantiate claims.

At HHP Law Group, we are dedicated to standing alongside those who have endured the grim reality of inadequate medical care and neglect in prison. We understand the immense courage it takes to confront these injustices, and we are committed to offering unwavering support and guidance throughout the entire legal process.

Our jail medical neglect attorneys are resolute in their mission to secure fair compensation for your injuries, regardless of their severity. Whether your injuries are minor or catastrophic, we are here to assist you at every step of your journey. Don't hesitate to reach out and schedule a free case evaluation; together, we can work towards justice and resolution.