Prison Medical Malpractice Lawyers

Florida Prison Medical Malpractice Lawyers

Understanding Prison Medical Malpractice & Neglect

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 Florida prison medical malpractice lawyer can help you sue for damages in such cases.

It is important to note that 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.” We strongly recommend that you work with a knowledgeable and experienced attorney who can help you with your claim. At Fischer Redavid PLLC, we fight for inmates’ rights, including the right to prompt, proper health care.

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You can get in touch with us via our online contact form or by calling (954) 860-8434

Deliberate Indifference & Medical Malpractice

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:

The prison officer or guard was well aware of the substantial risk to the inmate
The officer or guard disregarded this risk and failed to take any measures that would have prevented an injury

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 & Serious Medical Need

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.

When Is a Correctional Healthcare Provider Liable?

A correctional healthcare provider can be held liable in various situations involving delayed, poor, or lack of medical care and attention to the inmates.

Some examples include:

Failure to provide medical care to alleviate physical pain
Failure to provide medical care during a medical emergency
Deliberate indifference towards a serious injury or medical condition
Failure to provide prescribed medication to an inmate

When proving the negligence of the correctional healthcare provider, you must show that you had a “serious medical need,” and that the healthcare entity failed to provide reasonable care suited to this need. Such medical neglect merits a lawsuit under the Eighth Amendment.