Prison Medical Malpractice

Prison Medical Malpractice Lawyers in New York

Detainees in a correctional facility are entitled to adequate medical care; if your facility fails to provide appropriate healthcare, you may be a victim of medical negligence in prison. An experienced prison medical malpractice attorney helps you file a suit to cover medical care necessary to recover from malpractice injuries.

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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.

If your health suffers because of negligent treatment in a correctional facility, you can consult with an experienced prison medical neglect lawyer at Jacob D. Fuchsberg Law Firm.

We may determine that more than one party is responsible for the deliberate indifference that harmed you, and we will file suit against all responsible entities. Our New York-based firm accepts medical malpractice claims from across the country.

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.

Results Matter — Success Is Our Goal!

Take a look at some of our clients' results:

Medical Malpractice

$1.25 Million

A married father of four was diagnosed with hypertension, but his blood pressure was reduced too quickly, leading to an infarction in his brain. The man became abulic, suffered mild brain impairment, and required ongoing treatment from mental health workers.

Medical Malpractice

$925K

One woman’s doctor failed to properly diagnose the presence of the herpes virus in her eye; she subsequently lost vision in the affected eye. She has permanent vision loss, with no chance of recovery, and recovered $925,000 due to the lack of proper medical care.

Medical Malpractice

$3.25 Million

A 40-year-old man experienced a misdiagnosis of the source of his back pain, which led to a permanent reduction in his ability to walk. He has a permanent disability in his legs and may not recover.

View all our Success Stories on our website

Related Practice Areas

Medical Malpractice in Police Custody

Sexual Assault in Police Custody

Prison Sexual Assault

Inmates’ Rights

Police Misconduct

Prison Injuries

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:

Duty of Care

All healthcare providers owe their patients a duty of medical care. It begins when a doctor or other medical professional treats or agrees to treat a patient. Once this relationship begins, the medical care provider must provide appropriate medical care, accurately diagnosing and treating injury or illness. This relationship is established when a prisoner needs medical care and the facility doctor provides it.

Breach of Duty of Care

This occurs when the medical provider fails to provide the level of medical care or prescribe a treatment that another doctor would ordinarily provide. This negligence may consist of not running the right tests to accurately diagnose a disease or dismissing a patient’s claims of pain or injury.

Injury

In cases of prison medical malpractice claims, this means the patient suffered because of the misdiagnosis, failure to treat, or inadequate treatment of their condition while incarcerated. If a healthcare provider was negligent, but the inmate didn’t suffer actual harm, there is no legal injury to the patient.

Damages

Economic or non-economic losses suffered by the plaintiff must directly stem from the injuries caused by the healthcare provider’s negligence. This includes additional medical care, pain and suffering, disability, or diminished quality of life.

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”:

Corizon Health

A healthcare company with locations in 27 states and company headquarters in Tennessee. It operates in over 530 correctional facilities, serving 345,000+ inmates. It has multiple contracts with prisons, including a $50 million one in Missouri. However, it lost an Arizona contract due to “allegations of serious — and sometimes fatal — medical neglect”.

Wellpath

A Tennessee-based company serving prisons and jails in 38 states, with a combined total of 300,000 inmates in 160 locations. It is the largest correctional healthcare provider in the country, exclusively providing service to these facilities. The company has faced more than 1,200 medical malpractice claim lawsuits in the last five years.

MHM Services, Inc.

Operates in more than 200 facilities in 12 different states, with more than 280,000 inmates under its care. It provides correctional facility healthcare and services for state and local governments, focusing on juvenile facilities, correctional facilities, and courts.

Wexford Health Sources, Inc.

Solely provides correctional facility healthcare, serving more than 150 facilities in the U.S., with more than 112,000 inmates under its care.

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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Our Clients’ Reviews

I cannot rate the firm any higher! we are extremely happy with the service we received from Brad, Chris and the team. We are northern Irish citizens and as such had no experience of the US justice system, Chris and Brad helped us navigate this and made sure we understood every step of the process and we were kept informed of what would happen with the case.

We also felt that Brad and Chris had a genuine interest in our story, what the implications for us as a family were and they were genuinely invested in how they could help our situation.

We were reassured by the manor in which Chris and Brad dealt with us and trusted that the advice we were given was always well balanced and in our best interests. We were extremely happy with the outcome the firm achieved for us and feel that we only got this outcome due to the hard work of Chris and Brad. I would not hesitate to recommend the firm to anyone who is considering a case and wants to feel as though they are really valued as a client.

Many thanks to the firm for all of their hard work on our behalf it truly is appreciated.

Leanne Montgomery

Citizen

Let’s go to the beginning when I realize that I was going to need legal assistance because I was shocked that I was actually injured I called my fiancé and told her that I was going to need a lawyer, so she googled the top 5 personal injury law firms in NY and The Jacob Fuchsberg Law Firm came up. One of the representatives from the firm took the time to come personally to my home to see me, that immediately showed me that I was going to be able to make it through my pain and suffering they understood what I was going through and with patience, persistence, and diligence they were able to get the best results possible in settling my case. I highly recommend the Jacob Fuchsberg Law firm when the unexpected happens you will not be dissatisfied with the kind, courteous and professionalism that you would expect from a law firm.

Keith Middleton

Citizen

Very satisfied with the representation I was given from this law firm. I would recommend Fuchsberg to anyone with a unique situation such as mine. My attorney went above and beyond to ensure everything was done thoroughly and in a timely manner! Everything about this firm exceeded my expectations! Very special thank you to Chris, Allison, and Brad!

Marie Price

Citizen

Contact Our Prison Medical Malpractice Lawyers for a Free Consultation

If you or a loved one was denied adequate medical care, which can be considered cruel and unusual punishment, we can help you learn about your legal options. Contact Jacob D. Fuchsberg law firm by visiting us online to discuss your case.

FAQ

Frequently Asked Questions

How long do I have to file an inmate medical malpractice lawsuit?

Each state has its own statute of limitations for filing a medical malpractice or misdiagnosis case; if you miss your state’s deadline, your case will likely be dismissed, no matter how badly you’re injured.

Furthermore, the statute of limitations may vary depending on the type of claim your lawsuit alleges, such as wrongful death, general negligence, or medical malpractice.

If you were an inmate in a federal prison, your case will be filed as per the Federal Tort Claim Act, and federal statutes apply.

Can I sue a private health medical provider?

Yes, you can sue private healthcare companies that provided healthcare and treatment while you were in prison. In fact, prison healthcare providers have caused thousands of lawsuits for medical negligence and malpractice to victims in correctional facilities.

Can I file a prisoner wrongful death lawsuit?

Yes, suppose that a family member suffered medical misdiagnosis or malpractice and died due to the failure to treat. In that case, our lawyers can file a wrongful death suit against the prison, the government, and the healthcare provider.