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New York Attorneys Represent Victims of Medical Malpractice in Police Custody
Although being held in police custody is a stressful situation for all parties involved, those who are in police custody still have rights, including the right to proper medical care.
Unfortunately, people held in police custody are often wrongfully denied proper or timely medical care which can result in serious injuries and put their lives at risk.
If you or a loved one has been the victim of negligent medical care while in police custody, you have a right to hire an experienced Medical Malpractice and Civil Rights lawyer to represent you. At the Jacob Fuchsberg Law Firm, we will help you gather evidence to prove negligence on the part of your provider.
At the Jacob Fuchsberg Law Firm, we will hold those responsible for your injury accountable. With a history of client success, we can ensure that you and your family receive the justice you deserve.
Call or contact us online to speak with an experienced New York medical malpractice civil rights attorney at our firm for a free strictly confidential consultation.
Am I Entitled to Medical Care in Police Custody?
Yes, any person under arrest is entitled to proper medical care while in police custody.
According to New York Civil Rights Law § 28, any police officer or law enforcement representative has a duty to provide necessary medical and mental health attention to any person in their custody.
The law specifies that any person who has not received reasonable and good faith assistance and has suffered an injury as a result shall have a cause of action against such officer, representative, and/or entity. In addition to awarding damages, the court will also be eligible to award any reasonable attorney's fees to a successful plaintiff.
Furthermore, according to 18 U.S.C. § 242, which is commonly referred to as the Law Enforcement Misconduct Statute, law enforcement officers are prohibited from acting with deliberate indifference to a risk of harm to anyone in custody, including a serious medical condition or risk of medical harm.
At the Jacob Fuchsberg Law Firm, our experienced team of Medical Malpractice and Civil Rights Attorneys can perform a thorough review of your case and help you pursue legal action against those who harmed you.
Denial of Medical Care in Police Custody
Serious medical errors can cause lifelong injuries or even premature death, and no one should be wrongfully put at risk regardless of the circumstances they are in.
A few examples of medical malpractice in police custody include:
- Paralysis as a result of delayed treatment
- Negligence leading to eventual limb amputation
- Birth injuries
- Wrongful death
- General failure to provide a duty of care
No one should ever experience a preventable medical injury due to the careless or reckless behavior of those who are in the custody of you, including police and law enforcement officials. Unfortunately, far too often people who are in police custody do not receive necessary medical care and sustain substantial injuries as a result.
The Jacob Fuchsberg Law Firm has a history of representing people who did not receive proper medical care, and our experienced team of Civil Rights and Police Misconduct Attorneys can help you seek justice against those who were responsible for you.
Filing a Medical Malpractice in Police Custody Lawsuit
At the Jacob Fuchsberg Law Firm, we have over 40 years of experience representing victims of medical malpractice and wrongful death, and our attorneys are some of the best and most experienced New York Medical Malpractice attorneys.
It is important to note that in order to file a medical malpractice lawsuit, your claim must satisfy four important elements:
- Duty of Care
This means that the person or organization who committed the alleged malpractice had a legal and moral obligation to treat your health. In police custody, federal and New York state law does state that officers have a duty to provide medical and mental health care to anyone in their custody
- Breach of Care
After establishing that there is a duty of care, we must show that the treatment you received did not meet what is considered to be an acceptable standard of care. The Jacob Fuchsberg Law Firm consults closely with well-respected medical experts to thoroughly review your case and determine whether or not there was a breach of care
- Proximate Cause
This means that we must show that the breach of care directly resulted in the injuries you received. In other words, we must show that if had you been administered an acceptable standard of care then your injuries likely would have never occurred in the first place.
Lastly, we must demonstrate the malpractice resulted in serious permanent injuries. You can file a medical malpractice lawsuit to recover economic damages such as loss of income as well as non-economic damages including pain and suffering, loss of consortium, and loss of enjoyment of life.
At the Jacob Fuchsberg Law Firm, we will work closely with a team of experts and well-trained attorneys to perform a thorough evaluation of your case to hold those who caused your injuries accountable.