Going to jail can be a frustrating ordeal. Due to the offence that you committed, you lose your freedom of movement for a certain amount of time or a lifetime. However, being a detainee or prisoner doesn’t mean you also lose your right against inhumane conditions that tend to violate human dignity.
For example, you suffered an illness while in jail or prison, but didn’t receive proper medical treatment. In that case, it can be a ground for filing an injury case based on medical neglect against the government, negligent personnel, or the private healthcare provider.
However, dealing with this legal process can be complicated and overwhelming, especially if you don’t know where to start. Keep reading this article to learn about the four steps to take when you’ve been a victim of medical neglect while in prison.
Seek Immediate Medical Attention
The first thing you should do is to seek immediate medical attention. Since you weren’t able to receive the treatment you deserved while incarcerated, there’s a high chance it resulted in an injury or a severe health condition. When this happens, you should get yourself treated by a competent doctor. Doing so can prevent further medical complications that may arise when you’re not treated right away.
Moreover, you can easily access medical records by seeking prompt medical treatment, which can help prove your allegation should you file a claim against the liable parties.
Consult An Experienced Attorney
Like other individuals, detainees and prisoners also have the right to obtain adequate medical care. Thus, if you believe the jail or prison staff, the private healthcare provider serving the institution, and the government are guilty of medical neglect, it’s best to contact an experienced attorney to know your subsequent courses of action.
With a legal professional by your side, you have a higher chance of recovering compensation for the losses you sustained due to medical neglect. They can do this by proving the liability of the at-fault parties. For example, they can demonstrate that prisoners have the right to be provided with adequate healthcare in prisons, and failure to do so can give rise to legal action against the responsible party/parties.
Hence, if you want to take the right step for your medical neglect case, work with an attorney as soon as possible. That way, your legal representative can offer valuable advice and explain the legal options available to your situation.
Substantiate Your Claim With Evidence
Proving the liability of the responsible parties in a jail medical neglect claim can be confusing and tricky. One thing that makes these legal actions difficult is the jail and prison medical neglect conspiracy of silence. Generally, knowing what happened to the detainee or prisoner who was a victim of medical neglect can be challenging. That’s because there are no state laws that require jails and prisons to make reports explaining how the inmates endured medical neglect.
Because of this circumstance, it would be hard to establish the liability of the at-fault party/parties involved. However, with the help of an attorney, you can substantiate your claim using valuable pieces of evidence. For example, you should ensure the prison officials were aware of your medical condition by putting this information in writing and submitting documentary evidence, such as sick call requests, medical records, written complaints, and many more.
Moreover, your medical neglect claim should also be supported with documents that provide details regarding the nature of the complaint, date, specific description of the treatment administered, medical and prison officials who attended you, and many more. Ensure you have adequate copies of the evidence to improve your odds of receiving compensation for what happened to you.
File A Medical Neglect Claim
Once you’ve gathered the necessary evidence for your case, the next step to take is filing a medical neglect claim to sue the responsible party/parties and get compensated for the losses you suffered as a result. Typically, navigating this legal process may require the services of a lawyer who specializes in medical neglect cases in jails and prisons.
One of the reasons for seeking legal assistance is the limited time to sue for this type of claim. By hiring someone who has legal expertise in this area of law, you can ensure your claim will be filed within the required statute of limitations in your area. In turn, you avoid waiving your right to sue the parties liable for your medical neglect claim.
Moreover, to ensure you successfully file the claim, work with your attorney to prepare the necessary paperwork and follow the legal processes involved. That way, you can maximize the compensation you’re entitled to.
Being a victim of medical neglect while in jail can be an unpleasant experience, especially if it causes an inmate wrongful death. Thus, even if your freedom to move freely has been taken away from you, it doesn’t mean you’re not entitled to the right to receive proper medical treatment while incarcerated.
So, if you’ve been injured or become more seriously ill due to jail or prison medical neglect, keep these steps, so you’ll know what to do to protect your health and rights against this unfortunate situation.