# Prison Medical Malpractice Lawyers in New York - Jacob D. Fuchsberg Law Firm - / - Civil Rights - /civil-rights - Inmates’ Rights - /civil-rights/inmate-rights-attorney - 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. If this negligence is connected to civil rights litigations, including excessive force cases or deliberate medical neglect, you may have grounds to take legal action. As experienced federal civil rights attorneys in New York, we can help you file a suit to cover medical care necessary to recover from malpractice injuries. [Get a Free Case Review](https://www.fuchsberg.com/contact) - martindale - https://www.martindale.com/organization/the-jacob-d-fuchsberg-law-firm-396211/ - 11 reviews - google - https://www.google.com/search?q=jacob+d+fuchsberg+law&newwindow=1&sca_esv=561300690&rlz=1C1CHBD_enRU940RU941&ei=azfvZLuqI4Daxc8PxamjqAc&ved=0ahUKEwj7i5W7soSBAxUAbfEDHcXUCHUQ4dUDCBA&uact=5&oq=jacob+d+fuchsberg+law&gs_lp=Egxnd3Mtd2l6LXNlcnAiFWphY29iIGQgZnVjaHNiZXJnIGxhdzILEC4YgAQYxwEYrwEyBxAuGIoFGEMyBhAAGBYYHjIGEAAYFhgeMggQABiKBRiGAzIIEAAYigUYhgMyCBAAGIoFGIYDMhoQLhiABBjHARivARiXBRjcBBjeBBjgBNgBAUicDFCjBli_CXABeAGQAQCYAa0BoAGnBKoBAzAuNLgBA8gBAPgBAcICChAAGEcY1gQYsAPiAwQYACBBiAYBkAYDugYGCAEQARgU&sclient=gws-wiz-serp#lrd=0x89c25900307de965:0x50c7e7061a0d5df3,1,,,, - 34 reviews info - martindale - https://www.martindale.com/organization/the-jacob-d-fuchsberg-law-firm-396211/ - 11 reviews - google - https://www.google.com/search?q=jacob+d+fuchsberg+&rlz=1C1CHBD_enRU940RU941&ei=Bm42ZIetI5CKrwTQirjYCw&ved=0ahUKEwiHyO_C-KP-AhUQxYsKHVAFDrsQ4dUDCA8&uact=5&oq=jacob+d+fuchsberg+&gs_lcp=Cgxnd3Mtd2l6LXNlcnAQAzIFCAAQgAQyBQguEIAEMgYIABAWEB4yBggAEBYQHjIGCAAQFhAeMggIABAWEB4QCjIICAAQigUQhgMyCAgAEIoFEIYDMggIABCKBRCGA0oECEEYAVDKBFjKBGD-BmgBcAB4AIABXYgBXZIBATGYAQCgAQHAAQE&sclient=gws-wiz-serp#lrd=0x89c25900307de965:0x50c7e7061a0d5df3,1,,,, - 29 reviews ## Our Notable Civil Rights Verdicts & Settlements [View All Success Stories](https://www.fuchsberg.com/success-stories) ## 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. **Jacob D. Fuchsberg Law Firm** accepts medical malpractice claims from New York City and across the country. We have a proven track record of success in holding correctional facilities accountable for negligence and malpractice. **Some of the facilities where we have represented clients include:** - Bayview Prison for Women - Metropolitan Detention Center - Bergen County Jail - Northern State Prison - Manhattan Correctional Center (MCC) - Rikers Island - Clinton Correctional Facility - Fishkill Correctional Facility - FCI Dublin - MDC Brooklyn If you believe you or a loved one have been denied adequate medical care while incarcerated, we encourage you to contact us for a free consultation. We can help you explore your legal options and fight for the compensation you deserve. [Meet Our Attorneys](https://www.fuchsberg.com/about-us) ## Typical Causes of Prison Medical Malpractice Lawsuits Our firm has handled numerous medical malpractice cases across New York's correctional system, particularly at Rikers Island, MDC Brooklyn, and various county jails. **Some of the most devastating cases we've seen include:** - **Life-altering injuries and conditions:** We've represented inmates who lost their vision or became paralyzed because medical staff ignored their symptoms or delayed treatment. In several cases at Rikers Island and MDC Brooklyn, these delays led to permanent disabilities that could have been prevented with proper care. - **Cancer and serious illness:** Many of our clients developed advanced-stage cancer after their early symptoms were dismissed or inadequately treated. This has been a recurring issue across NYC jails and state prisons, where early detection could have made a critical difference. - **Preventable amputations:** We've fought cases where inmates lost limbs due to untreated infections or delayed medical care — situations that should never happen in any correctional facility. These cases have been particularly prevalent in NYC area jails and state prisons. - **Wrongful deaths:** Tragically, some families have lost loved ones due to medical negligence in these facilities. Whether at Rikers Island, county jails, or state prisons, each case represents a failure of the system to provide basic medical care. - **Other serious medical failures:** - Untreated infections leading to severe complications - Ignored mental health crises - Delayed emergency response - Medication errors - Failure to provide necessary treatments 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. ## 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. #cta_start ## Suffering from Medical Malpractice in Prison? If you or a loved one has experienced medical malpractice in prison, our skilled attorneys are here to hold those responsible accountable and ensure you receive the proper care and compensation you deserve. [Schedule a Free Consultation](https://www.fuchsberg.com/contact) #cta_end ## 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. team ## Speak With a Prison Medical Malpractice Attorney [View All Team Members](https://www.fuchsberg.com/attorneys) reviews ## contact us Contact Our Prison Medical Malpractice Lawyers for a Free Consultation If you or a loved one has suffered due to medical negligence while incarcerated, you need experienced attorneys for police misconduct and prison neglect. Our firm includes skilled lawyers that sue police, ensuring that all avenues of justice are pursued. Whether your case involves police negligence lawyers, correctional healthcare failures, or deliberate denial of care, we are here to help. - We are available to you 24/7 - Compassionate in our approach - Don’t pay unless we win FAQ ## Frequently Asked Questions Depending on how the claim is framed, you may need to show ordinary medical negligence or 'deliberate indifference' to a serious medical need. We evaluate the best legal theory for your situation. - What must I prove in a prison medical malpractice case? Often yes. The Prison Litigation Reform Act generally requires inmates to complete the facility's internal grievance process before filing suit, so following those steps is important. - Do I have to exhaust the grievance process first? **Yes.** Private medical contractors that provide care in correctional facilities can be held liable for negligent or deliberately indifferent treatment. - Can I sue a private healthcare company that treats inmates? You may recover for additional medical care, physical and emotional harm, and, in serious cases, punitive damages and attorney's fees under federal law. - What compensation can be recovered for prison medical malpractice? resources ## Our Latest Civil Right Insights --- Jacob D. Fuchsberg Law Firm — [https://www.fuchsberg.com/civil-rights/prison-medical-malpractice-attorney](https://www.fuchsberg.com/civil-rights/prison-medical-malpractice-attorney)