It depends on the circumstances, but your family member may be able to sue the prison. Recently, a diabetic inmate in Georgia won $550,000 after his leg was amputated. The man slipped and fell, opening up a cut above his ankle. As a diabetic, he was prone to infection, but the wound was allowed to become toxic and he ultimately needed an amputation.
Although inmates do forfeit many of their legal rights when they enter prison, they are still entitled to receive the same medical treatment as other patients if they become ill or suffer an injury. Simply because a person is incarcerated does not mean they can be denied proper medical treatment or provided with substandard treatment.
If a prisoner does not receive the proper medical care, there are several possible causes of action available to the prisoner, including medical malpractice claims as well as constitutional violations. Prisoners may bring medical malpractice claims in state court against the prison facility and/or the doctor or other medical provider. Normally, these cases require the testimony of expert witnesses who can review the medical care, and determine if it was proper.
Medical malpractice cases against prisons and prison doctors can be challenging, but many are successful. Call me, Conal Doyle, Los Angeles medical malpractice attorney at 310-385-0567 if your loved one has been seriously injured by poor medical treatment by a prison. Call today to learn more or to schedule a free consultation on your case.