Lawyers Who Sue Jails Near Me – Arizona’s prison system may not be best equipped to provide high-quality medical care to inmates. Tight budget constraints, understaffed facilities, overworked medical staff, and deliberate mistreatment of inmates can compromise patient care. Malpractice in prison health care can lead to critical errors in patient care, along with related preventable injuries, illnesses, and deaths. If you believe a loved one is a victim of healthcare abuse in prison, contact Gallagher & Kennedy immediately. Our Phoenix prison health care malpractice attorneys can investigate the situation and notify you if we believe you have grounds for a lawsuit.
Malpractice and medical negligence lawsuits are commonly filed against hospitals, nursing homes, and other health care facilities. However, prisons and other correctional facilities also have a constitutional obligation to meet the medical needs of prisoners in their custody.
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Inadequate medical care or failure to provide necessary health services may constitute a breach of duty by those entrusted with the welfare of detainees in a correctional facility. According to the Eighth Amendment of the Constitution, convicted persons have a constitutional right to basic needs, including food, shelter and necessary care. In some circumstances, it has been argued that deliberate indifference to a prisoner’s serious medical needs amounts to cruel and unusual punishment.
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The details of your particular case will determine what the appropriate legal action might be. A skilled personal injury lawyer will be able to assess where the damage was done from a legal point of view and help you find an effective strategy for seeking compensation.
Prison medical malpractice lawsuits include unique elements that can make them difficult to litigate. Medical malpractice is already a complex enough area of practice without extenuating circumstances related to correctional institutions, such as government liability and violated constitutional rights.
These cases may require expert medical witnesses, investigators, researchers and other professionals in order to succeed in obtaining compensation for the plaintiff. The best way to increase your chances of success is to hire a Phoenix prison medicine attorney from Gallagher & Kennedy.
Inadequate health care has become a serious problem in many prisons across the United States. Unfortunately, this negligence killed many people. Some of these incidents were not investigated. Newly admitted people are particularly susceptible to infections, such as HIV and hepatitis.
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Standards of patient care in the medical industry do not vary based on the identity of the patient. Doctors and other healthcare professionals must treat all patients, in all circumstances, from all walks of life, with equal care and respect. Medical professionals must also follow strict federal laws and duties when treating patients, including patients in jail or prison. Unfortunately, not all practitioners and correctional facilities meet these duties of care, leading to medical errors. Medical malpractice or failure to provide medical care can include:
Any act or omission that another defendant would not have done under the same circumstances could constitute grounds for a medical malpractice claim. These actions can include patient neglect, discrimination, harassment and abuse.
Our Phoenix medical malpractice prison attorneys can investigate a potential malpractice situation on your behalf to try to find evidence or evidence of wrongdoing. Then we can help you file a lawsuit early in Arizona.
Unfortunately, medical error sometimes leads to the premature passing of a patient. If you have lost a family member to healthcare abuse in prison, you may be able to seek justice and compensation on their behalf. However, there is a hierarchy of priorities that determines which parties and survivors can file this type of claim.
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The state of Arizona allows wrongful death lawsuits in addition to other types of personal injury lawsuits. However, you must speak with an experienced attorney to determine the full extent of the value of your claim and maximize potential compensation.
Our attorneys have extensive experience handling wrongful death claims in a variety of causative circumstances. We are not afraid to approach complex legal issues and do so with the same sense of commitment and compassion that encourages us to fight for victims of serious injuries in other types of personal injury lawsuits.
The party responsible for any personal injury or medical malpractice lawsuit is the party who committed the act without which the victim’s injuries would not have occurred. If, for example, a physician followed the expected standard of care in diagnosing a prisoner and it would have saved the prisoner’s life, the physician could be guilty of malpractice. In the legal justice system, however, larger parties are usually vicariously liable for the actions of prison employees such as doctors and nurses.
Identifying the defendant in a prison health care malpractice lawsuit can be challenging without the help of a Phoenix personal injury attorney. A number of people may have played a role in your loved one’s negligent medical care while you were incarcerated. This may include state or county employees, as well as healthcare workers independently contracted to the correctional facility. It is important to work with an attorney to identify the correct defendant before filing a malpractice lawsuit.
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As with any other type of personal injury lawsuit, victims of jail or prison medical neglect and abuse have a legal right to seek compensation for damages suffered due to negligence. This may include:
A Phoenix medical malpractice attorney can help you determine the total sum of these damages and will fight to negotiate a fair settlement to compensate you for your loss.
Under Arizona’s statute of limitations, you have two years to file a malpractice or negligence claim. However, in certain cases, this time frame can be significantly shortened. If you file a complaint against a public entity or public official, the state may limit your time to 180 days. A competent solicitor understands which clauses may or may not apply in your particular circumstances and will advise you on the appropriate course of action to successfully resolve the claim.
Work with attorneys who can respond to your needs and give you confidence in the future of your case. At Gallagher & Kennedy, we know how to help victims of medical malpractice in all types of settings, including correctional health facilities throughout Arizona.
Is A Prison Or Jail At Fault For Inmate Injury?
We may be able to help you get compensation for medical malpractice in prison. Discuss your family member’s recent injuries or death with a Phoenix medical malpractice attorney today at (602) 530-8400. You can also send us a message online, and we will get back to you as soon as possible.
Even before he graduated from law school, Scott Griffiths was passionate about helping Arizona inmates (prison) and detainees (jails or police stations) receive adequate medical care while in jail or custody. After law school, Scott maintained a portion of his practice devoted to inmate health care claims, including medical malpractice and civil rights claims under the 8th and 14th Amendments to the United States Constitution (ie, cruel and unusual punishment).
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Advocating for those incarcerated has always been important to Scott. His experience includes a personal connection to the prison medical system, and what he has learned, described below, motivates him to advocate for inmates and improve the way prisons and jails provide medical care.
Under the United States Constitution and the Arizona Revised Statutes, the government has a duty to ensure that prisoners receive competent medical care for serious medical conditions. This is because inmates in state custody rely entirely on the government for their health care. They can’t leave The government has created numerous roadblocks that inherently cause delays for prisoners to receive medical care. Many times these systemic delays cause the inmate’s health to deteriorate. Unfortunately, in some circumstances prisoners die.
Scott’s connection to prison medical care is personal. While Scott was studying law, he had a good friend who was arrested and charged with very serious crimes. While his friend was awaiting trial and sentencing, he also complained about his lack of interest in treating painful symptoms, which later turned out to be cancer. When Scott asked why prison officials were delaying diagnosis and treatment, he was told that inmates would receive medical attention when they moved from prison to prison. This, of course, is NOT true. Prisons are also required to provide medical care to detainees.
Shortly after his friend was sentenced to prison, his symptoms worsened and it became a constant struggle to get the Arizona Department of Corrections to take any interest at all. After many months, Scott was able to get medical care for his friend – but not before the cancer had spread. His friend died, alone and in prison, in 2020, during the COVID-19 pandemic.
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Horrified by what he learned helping his friend, Scott is more focused than ever on improving the medical systems in the
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