Adequate access to medical care is a basic human right, which is why governments implement healthcare policies for citizens. Unfortunately, not everyone gets the same degree of treatment. This is especially true for those serving jail time.
The lack of medical attention in jails causes injuries and sometimes, early death, among prisoners. What’s more, the costs for the damages put a heavier burden on the families. In response, the government made amendments to the law to accommodate inmates.
What the law says about it
Noll Law Office says that the Eighth Amendment to the United States Constitution is violated when prison officials display “deliberate indifference to serious medical needs of prisoners.” Legal avenues are available if your loved one is a prisoner and victim of medical malpractice. Here are things that will help your claim:
Establish a doctor-patient relationship
Some patients get treatment or medical advice from doctors who are indirectly working on them, causing the courts to easily dismiss claims. Inmates should prove in writing that they are regular patients of the healthcare employee who committed the medical malpractice.
Evidence of malpractice
There should be a documented evidence of medical malpractice. The evidence should prove that a healthcare professional gave the wrong dosage, diagnosis, or medication. Failure to diagnose, treat, or warn the patient of risks are also forms of neglect.
Citing the healthcare professional as the cause
Anything can happen during the trial. Defendants may blame faulty instruments or natural causes. The evidence should, “beyond reasonable doubt”, point to the healthcare employee as the source of the damage. Consult a medical expert as a witness to prove that the inmate didn’t receive a medical standard of care from the defendant, which led to physical or financial damages.
Damages due to malpractice
Claimants must establish a direct link between the healthcare professional’s procedures and the resulting damages. These may come in various forms, such as physical pain, mental anguish, additional medical bills or loss of employment.
The law dictates that even prisoners are eligible for adequate healthcare. If the healthcare or the lack of it, causes more harm than help, however, they are also entitled to get compensation under due process of law. The right preparation and a personal injury lawyer will help give your loved one that justice they deserve.