Denied Medical Treatment In Jail: An Unspoken Epidemic

Too many prisoners are held in conditions that threaten their health, safety, and human dignity. In more than half of all U.S. states, prisons have been ordered to improve medical or mental healthcare due to poor conditions and neglect. The statistics show how common medical mistreatment remains in American prisons:

• 9.1% of incarcerated pregnant women will have had no obstetrical examination before delivery.
• 14% of those with chronic conditions were not seen by a clinician during incarceration
• 34.7% of incarcerated people previously on medication for a mental health condition had not received prescriptions since entering prison
• 60% of prisoners with chronic illness must pay a copay larger than one week’s wages for a medical visit
• 62% of people in state and federal prisons have at least one chronic physical condition

Why has medical mistreatment in prisons become so common?

Many jails and prisons have outsourced their medical and mental health responsibilities to private corporations that provide as little care as they can to make a profit. Inmates often have significant medical and mental health needs, but prison healthcare services are often abysmal. In many cases, this can lead to suffering, disability, and even wrongful death.

The Supreme Court has recognized that the Constitution requires prison officials to provide necessary medical care to prisoners who are within their care. When anyone suffers medical neglect, they can bring an 8th Amendment claim (“cruel and unusual punishment”) and/or a medical malpractice claim against the defendant party. Speak to a prison medical neglect lawyer to learn more.

Have You Experienced Inadequate Medical Care While in Prison? Protect Your Claim!

If you feel that you have been the victim of inmate medical neglect, follow the recommendations below to preserve your case for compensation:

• File grievances until correctional staff members address the problem. If they continue to refuse to address your medical concern, file more grievances daily if necessary, and then consider contacting an attorney. 
• Document all medical complaints. The more you document, the easier it is for an attorney to make your case of inmate medical neglect.
• Keep a record of your cellmate’s name and contact information for witness purposes.
• Tell a family member or friend about the situation and how it is not being addressed by correctional staff. These conversations are often recorded and can be used to provide merit to your medical neglect claim.
• Request your medical records from all medical providers that you have seen while incarcerated, as well as the correctional facility itself. These records will show what doctors have determined your future treatment should be.

IMPORTANT: Time Limits for Filing Claims

Under Washington State law, most prison medical malpractice claims must be filed within three (3) years of the negligent act, or one year from the time the injury was discovered. Exceptions may apply for minors, concealment, or fraud. Timely legal consultation is critical to protect your rights and ensure access to justice. Call Magna Law to learn more.

If you are a current or former inmate who feels that your medical needs were ignored by prison officials, please contact Magna Law Firm: (763) 438-3032.

Understanding Estelle v. Gamble

Estelle v. Gamble is a 1976 U.S. Supreme Court case that codified prisoners’ rights to medical care. The case involved a Texas state inmate who suffered a back injury while performing prison labor. He alleged that prison officials were indifferent to his serious medical needs, resulting in unnecessary pain and a worsening condition.

The Supreme Court ruled that this “deliberate indifference” by prison personnel constituted “cruel and unusual punishment,” prohibited by the Eighth Amendment. This decision made it clear that incarcerated people have a constitutional right to adequate medical care, and that simple negligence or medical malpractice is not enough; there must be a showing that officials knew about and disregarded a substantial risk to inmate health.

The ruling in Estelle v. Gamble established that failing to treat an inmate’s severe medical conditions, either by ignoring their complaints or providing clearly inadequate care, can form the basis for a civil rights claim under 42 U.S.C. § 1983. This case remains the foundation of legal protections for prisoners’ health care in the U.S.

Option 2: A Medical Malpractice Claim

The second type of medical neglect claim that can be brought is a medical malpractice claim against corrections medical staff that treated or examined you as an inmate. With this type of neglect claim, you must prove that a medical staff member did not respond to your medical condition as a reasonable doctor or nurse would have with that doctor or nurse’s level of experience and expertise.

Medical malpractice is among the greatest public health crises of our time. Given the number of people affected by medical malpractice, both in the general population and in the prison population, these cases face a much lower bar to reach than the “deliberate indifference” standard required for a successful 8th Amendment claim.

Frequently Asked Questions