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Our Trusted Prison Medical Negligence Attorneys Can Help You Restore Justice
When it comes to medical malpractice in a jail or prison, many inmates understandably wonder, “can you sue a prison for medical malpractice?” As an inmate, you are still owed adequate medical care while in jail.
If the facility fails to properly diagnose an illness or disease or fails to provide appropriate medical care to treat you, you can file a lawsuit for the injuries you incurred and the additional costs of medical care you need to recover from a misdiagnosis.
Jacob D. Fuchsberg Law Firm accepts medical malpractice claims from New York City and across the country. We have a proven track record of success in holding correctional facilities accountable for negligence and malpractice.
Some of the facilities where we have represented clients include:
- Bayview Prison for Women
- Metropolitan Detention Center
- Bergen County Jail
- Northern State Prison
- Manhattan Correctional Center (MCC)
- Rikers Island
- Clinton Correctional Facility
- Fishkill Correctional Facility
- FCI Dublin
- MDC Brooklyn
If you believe you or a loved one have been denied adequate medical care while incarcerated, we encourage you to contact us for a free consultation. We can help you explore your legal options and fight for the compensation you deserve.
Typical Causes of Prison Medical Malpractice Lawsuits
The reasons for medical malpractice lawsuits are numerous, including:
- Paralysis as a result of delayed treatment
- Blindness
- Delayed diagnosis of cancer
- Limb amputation
- Stroke
- Wrongful death
These may not be the only ways a prisoner’s health suffers. Failure to provide adequate medical care of any kind can constitute medical malpractice.
What Does a Prison Medical Malpractice Claim Consist Of?
Medical malpractice in prison claims must meet four necessary elements, no matter which state the abuse or neglect occurred in. In the U.S., a plaintiff (the victim of malpractice) must prove the following:
What Are the Major Healthcare Providers in Correctional Institutions in the U.S.?
Many private healthcare institutions provide medical care in correctional facilities, but more than half of U.S. prisons, jails, and detention centers use one of four major healthcare companies. Combined, these providers serve more than 950,000 incarcerated persons and have an annual revenue of $782 million.
Here’s a little more information about each of the “big four”:
These four healthcare companies are for-profit, privately-held companies.
What Is the Claims Process for Jail Medical Negligence?
Although a prison medical malpractice lawsuit follows the same procedure as a medical malpractice lawsuit filed against a non-prison healthcare provider, a few challenges are unique to a detention facility medical malpractice case.
Identifying defendants is more difficult, juries typically have less sympathy for an incarcerated victim of medical malpractice than a non-incarcerated one, and evidence, such as medical records, is often sparse. Lawyers, in these cases, need greater financial resources and access to more expert witnesses.
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