Phoenix Prison Health Care Malpractice Attorney
Arizona’s prison system may not be the best equipped to provide inmates with high-quality medical care. Stringent budget constraints, understaffed facilities, overworked medical personnel and intentional mistreatment of inmates can all compromise patient care. Prison health care malpractice can lead to critical errors in patient care, along with related injuries, illnesses and preventable deaths. If you believe a loved one is a victim of prison health care malpractice, contact Gallagher & Kennedy right away. Our Phoenix prison health care malpractice lawyers can investigate the situation and let you know if we believe you have grounds for a claim.
Why Choose Gallagher & Kennedy?
- We are passionate about giving a voice to those who cannot speak for themselves in injury claims, including wronged inmates in Phoenix.
- We have more than four decades of experience helping clients work through difficult and complex claims, including cases against powerful defendants such as the government.
- We have recruited a team of top-rated attorneys through our excellent workplace culture. Over half of our employees have served with us for 10 years or longer.
Correctional Facilities Have an Obligation to Provide Adequate Medical Care
Medical malpractice and medical negligence claims are commonly brought against hospitals, nursing homes, and other health care facilities. However, prisons and other correctional facilities also have a constitutional obligation to meet the medical needs of incarcerated individuals in their custody.
Inadequate medical care or failure to provide necessary health care services may constitute a breach of duty on the part of those entrusted with the wellbeing of those detained in a correctional setting. Under the Eighth Amendment of the Constitution, incarcerated persons have a constitutional right to basic needs, including food, shelter, and necessary care. In some circumstances, it has been argued that deliberate indifference to inmates’ serious medical needs is tantamount to cruel and unusual punishment.
The details of your particular case will determine what the appropriate legal action may be. A skilled personal injury lawyer will be able to assess where harm has been done from a legal standpoint and help you seek an effective strategy to pursue compensation.
When to Call a Prison Health Care Malpractice Lawyer in Phoenix
Prison medical malpractice claims involve unique elements that can make them more difficult to litigate. Medical malpractice is already a complex enough practice area without extenuating circumstances related to correctional facilities, such as governmental liability and violated constitutional rights.
These cases may require expert medical witnesses, investigators, researchers and other professionals to succeed in yielding compensation for the plaintiff. The best way to boost your odds of success is by hiring a Phoenix prison medical malpractice lawyer from Gallagher & Kennedy.
Common Types of Prison Health Care Malpractice
Inadequate healthcare has become a serious problem in many prisons around the United States. Sadly, this negligence has killed many people. Some of these incidents have not been investigated. Newly admitted persons are especially susceptible to infections, such as HIV and hepatitis.
Standards of patient care in the medical industry do not fluctuate depending on the identity of the patient. Physicians and other health care practitioners must treat all patients, in all circumstances, from all walks of life, with equal care and respect. Medical professionals must also obey strict federal laws and duties in the treatment of patients, including patients at a prison or jail. Unfortunately, not all practitioners and correctional facilities fulfill these duties of care, leading to medical malpractice. Medical malpractice or failure to provide medical care may include:
- Misdiagnosis of medical conditions
- Failure to diagnose
- Delayed diagnosis
- Failure to treat
- Lack of informed consent
- Surgical errors
- Anesthesia mistakes
- Medication administration errors
- Prescription mistakes
- Medical product liability
- Substandard patient care
- Intentional misconduct
Any action or omission that another defendant would not have made in the same circumstances could constitute grounds for a medical malpractice claim. These actions can include patient neglect, discrimination, harassment, and abuse.
Our Phoenix prison medical malpractice attorneys can investigate a potential malpractice situation on your behalf to try to find proof or evidence of wrongdoing. Then, we can help you bring a lawsuit before Arizona’s deadline.
Prison Health Care and Wrongful Death
Unfortunately, medical malpractice sometimes leads to the untimely passing of a patient. If you have lost a family member to prison health care malpractice, you may be able to pursue justice and compensation on their behalf. However, there is a hierarchy of priority that determines which parties and survivors are able to file this type of claim.
The State of Arizona permits a wrongful death claim alongside other types of personal injury claims. However, you must speak to a practiced attorney in order to determine the full scope of your claim’s value and maximize potential compensation.
Our attorneys have vast experience handling wrongful death claims in a variety of causal circumstances. We are not afraid to approach complex legal matters and do so with the same sense of dedication and compassion that emboldens us to fight for victims of serious injury in other types of personal injury claims.
Speak to a Gallagher & Kennedy wrongful death attorney to find out more about your legal options.
Who Is Liable for Prison Health Care Malpractice?
The liable party in any personal injury or medical malpractice claim is the party that committed the act without which the victim’s injuries would not have happened. If a physician had followed the expected standards of care in diagnosing an inmate, for example, and this would have saved the inmate’s life, the physician could be guilty of malpractice. In the legal justice system, however, larger parties are typically vicariously responsible for the actions of prison employees such as physicians and nurses.
Identifying the defendant in a prison health care malpractice claim can be challenging without help from a Phoenix personal injury lawyer. A number of different people may have played a role in your loved one’s negligent medical care while incarcerated. This can include employees of the state or county, as well as healthcare workers contracted independently with the correctional facility. It is important to work with a lawyer to identify the correct defendant before you bring your malpractice claim.
Compensation in a Prison Medical Malpractice Claim
As with any other type of personal injury claim, victims of prison or jail medical neglect and malpractice are legally entitled to pursue compensation for damages sustained due to negligence. These might include:
- Cost of additional medical care
- Corrective surgery
- Loss of limb
- Loss of enjoyment
- Pain and suffering
- Emotional distress
- Wrongful death
A Phoenix medical malpractice attorney can help you determine the sum total of these damages and will fight to negotiate a fair settlement that seeks to compensate your loss.
Time Limits for Pursuing a Prison Medical Malpractice Claim
Under Arizona’s Statute of Limitations, you have two years to file a claim for damages from medical malpractice or negligence. However, in certain cases, this timeframe may be severely reduced. If pursuing a complaint against a public entity or public employee, the State may limit your window to 180 days. A competent attorney understands what clauses may or may not apply in your particular circumstances and will advise you as to the appropriate action in order to bring a successful claim to resolution.
Contact Our Phoenix Prison Medical Malpractice Attorneys Today
Work with lawyers who can respond to your needs and give you confidence in the future of your case. At Gallagher & Kennedy, we know how to help victims who experienced medical malpractice in all types of settings, including correctional health facilities throughout Arizona.
We may be able to help you obtain compensation for prison health care malpractice. Discuss your family member’s recent injuries or death with a Phoenix medical malpractice lawyer today at (602) 530-8400. You can also send us a message online, and we will get back to you as soon as possible.