Failure to Provide Medical Attention to Inmates in California Prisons
Failure to Provide Medical Attention to Inmates in California Prisons
Many people believe that when someone commits a crime and ends up in prison, they lose their all their rights. It is true that prisoners lose some rights in prison, but the fact is that prisoners still have rights under the U.S. Constitution, federal statutes, state constitutions, and state statutes. The fact is that prisoners are entitled to acceptable standards of safety, health, and dignity; still, they are often mistreated and denied even the most basic of their rights.
Were you denied medical attention in prison? Was a member of your family denied medical attention in prison? If so, you could have grounds to file a lawsuit. For more information about the legal options available if you or a loved one were denied adequate medical attention in a California prison, contact us today.
The Downtown L.A. Law Group is more than ready to provide you with the guidance that you need to pursue your claim. Our team has decades of experience handling all sorts of claims, including inmate injury claims and inmate civil rights claims. If you are ready to speak with our inmate injury and civil rights lawyers, contact us immediately. Our team is ready to help you fight for your rights for the mistreatment that you suffered in prison.
Failure to Provide the Proper Medical Care to Inmates is a Violation of Civil RightsAs briefly mentioned above, inmates have rights both on the federal and state level. For the sake of brevity, we will focus on the federal level – and the U.S. Constitution. Under the eighth amendment, prisoners are protected against cruel and unusual punishment; this extends the right to adequate medical care to all inmates. The failure to provide medical care when a prison is aware or should be aware that an inmate is injured or is sick is a direct violation of inmates’ eight amendment rights. By no means are prisons expected to provide the highest level of medical care to their inmates; rather, they are required to provide sufficient medical care. Even though these are already low standards, many prisons still fail to meet these standards and provide inmates with basic medical care.
Yes – you could sue if the prison failed to provide you or your loved one with adequate medical attention. As already mentioned, the eighth amendment provides prisoners with certain protections during their prison stay; adequate medical care falls under these protections. Because of this, you can sue if you were denied adequate medical care. You can even sue for any complications or other issues that developed as a direct result of lack of care, delayed care, or inadequate care. For more information about your right to sue, contact us today.
What If the Medical Care Received was Negligent?Negligent medical care does not constitute a violation of the eighth amendment. In fact, negligent medical care is considered medical malpractice and is a different issue altogether. Still, if you or a loved one suffered harm due to medical negligence at a prison hospital, you could file a medical malpractice lawsuit. Again, this is a separate issue – so it is a separate claim entirely.
How Long Do I Have to Sue?All claims are subject to a statute of limitations, or a deadline to sue. If you are suing for civil rights violations in a prison, you will have to file a government claim. Government claims are subject to a strict six-month statute of limitations. Depending on how the state entity responds to your claim, you can then have either six months to file or two years to file. Of course, this can be confusing. To ensure that you have a thorough understanding of the time that you have to file your lawsuit for a prison’s failure to provide medical care, contact the team here at our law firm immediately.
The Prisons in the State of California:- Avenal State Prison
- California City Correctional Facility
- California Correctional Center
- California Correctional Institution
- California Health Care Facility
- California Institution for Men
- California Institution for Women
- California Medical Facility
- California Men’s Colony
- California Rehabilitation Center
- California State Prison, Centinela
- California State Prison, Corcoran
- California State Prison, Los Angeles County
- California State Prison, Sacramento
- California State Prison, Solano
- California Substance Abuse Treatment Facility and State Prison, Corcoran
- Calipatria State Prison
- Central California Women’s Facility
- Chuckawalla Valley State Prison
- Correctional Training Facility
- Folson State Prison
- High Desert State Prison
- Ironwood State Prison
- Kern Valley State Prison
- Mule Creek State Prison
- North Kern State Prison
- Pelican Bay State Prison
- Pleasant Valley State Prison
- Richard J. Donovan Correctional Facility
- Salinas Valley State Prison
- San Quentin State Prison
- Sierra Conservation Center
- Valley State Prison
- Wasco State Prison
If you or a member of your family was not given the appropriate medical care during time as an inmate in a California prison, you could be eligible to file a claim. If this occurred at any of the prisons listed above, do not hesitate to reach out to the team here at our law firm as soon as possible.
Other Pages on Our Website Related to This Topic
Visitor Injury While at Prison/Jail – DTLA Law Group
Failure to Restrain Inmate While Visiting Jail Resulting in Significant Injury
Visitor Injury While at Prison/Jail
