Denial Of Adequate Medical Care
The Fourteenth Amendment to the United States Constitution requires that inmates be provided adequate medical care while in the custody of any governmental entity. A governmental entity may be held liable based upon its officers’ deliberate indifference to and violation of any citizen’s constitutional rights where a custom, policy, or procedure of the municipality is found to be the proximate cause of the constitutional violation. Deliberate indifference is the conscious or reckless disregard for another’s constitutional rights.
In order to establish a claim for denial of adequate medical care under the Eighth Amendment to the United States Constitution, a plaintiff must prove each of the following:
- That plaintiff had a serious medical need.
- That defendant was deliberately indifferent to that serious medical need.
- That defendant’s deliberate indifference caused harm (physical injury) to the plaintiff.
You Have The Right To Compensation
While jails are not required to provide the highest level of health care possible, they are required to provide adequate medical treatment. If you have been seriously injured due to a denial of adequate medical care, or a loved one has died due to this constitutional violation, call The Baker Law Firm for help. We have the experience, knowledge and skill set to pursue maximum compensation for you or your family.