My loved one had an amputation in prison after he was not correctly diagnosed and treated. What are my legal options?
I’m sorry to hear about your loved one’s treatment in prison. Just because a person is in prison does not mean that they lose the right to proper medical treatment. When a prisoner is ill or suffers an injury, they deserve the same medical treatment as any other individual, and if they do not receive it the negligent parties can be held liable.
If a prisoner receives improper medical treatment, the law recognizes several possible causes of action. First, prisoners are protected under the Constitution from cruel and unusual treatment. Normally, in order to win on a claim of cruel and unusual treatment, prisoners must show that actions were taken or not taken, that were sufficiently harmful to show a deliberate indifference to serious medical needs. In other words, it must be shown that prison guards or prison doctors intentionally denied or delayed access to medical care, or intentionally interfered with treatment.
Prisoners can also bring medical malpractice claims in court against the prison or the prison doctor. This often requires expert witnesses who can review the medical care given and determine if it was appropriate. In some cases, it may be necessary to file an administrative complaint before the case goes to court.
If you or a loved one has become an amputee because of medical malpractice, call me, Conal Doyle, Amputation Attorney Conal Doyle at 310-385-0567. Call today to learn more or to schedule a free consultation.