Medical Malpractice in Jails and Prisons

Medical malpractice can take place anywhere that medical care is—or should be—provided, including jails and prisons. Inmates have a constitutional right to adequate medical care under the Eighth Amendment, which prohibits cruel and unusual punishment. Unfortunately, that right is often not honored, leading not only to malpractice but potential civil rights claims.

Many reports by respected organizations have found that medical malpractice in prison is systemic, not just a few isolated incidents. And inadequate medical care is one of the most common prisoner complaints in jails and prisons across the country.

Common Medical Malpractice Claims by Prisoners

Some of the common medical malpractice claims by prisoners or inmates are similar to those filed by individuals who are not incarcerated; others include claims unique to the prison setting. Common complaints include:

• Misdiagnosis or delayed diagnosis of serious illnesses like cancer or stroke, as well as delayed diagnosis of chronic conditions like diabetes.
• Denial of treatment or inadequate treatment for chronic conditions or pain.
• Failure to monitor patients with serious or evolving medical conditions
• Denial of antibiotics or other necessary treatment for serious or potentially serious infections.
• Failure to address mental health problems, including denial of medication or counseling.
• Dental negligence, including failure to treat dental emergencies.

“Deliberate indifference” is a legal claim that goes beyond mere negligence or medical malpractice; it is a legal standard from U.S. constitutional law. It happens when prison officials or medical officers are aware of a serious risk to an inmate’s health or safety, and deliberately choose to ignore it or to respond in a way that is inadequate. Deliberate indifference may include:

• Failing to provide an inhaler to an inmate having a severe asthma attack
• Failing to transport an inmate in active labor to a hospital to give birth
• Delaying treatment of an obviously broken bone
• Purposely ignoring a doctor’s order to give medication, like denying insulin to an insulin-dependent diabetic or antiseizure medication to an epileptic
• Denying treatment to an inmate in withdrawal from opioids

If you’ve never been incarcerated, or had a loved one in that position, it’s easy to dismiss claims of medical neglect or deliberate indifference as false or exaggerated. And while some may be, it’s also undeniable that many, many people in a correctional setting are victims of real medical malpractice. Here are some of the reasons medical malpractice in prison is common.

Reasons for Prison Medical Malpractice

There are a number of reasons for medical malpractice in jails and prisons, and these reasons often intersect to create a “perfect storm” that leads to injury and sometimes death.

Cultural Attitudes and Bias

Corrections staff may assume that inmates are faking or exaggerating illness to avoid work or get better treatment or a change of scenery. There is also an undeniable stigma attached to being incarcerated, which can lead staff to treat prisoners poorly, or even to dehumanize them.

Shortages of Staff and Resources

It’s common for correctional facilities to have fewer doctors and nurses than the facility’s population would warrant. The problem is even worse when it comes to specialists; if a prisoner needs a medical specialist, they may not have ready access.

What’s more, budget restrictions may mean that there are limited diagnostic tools, equipment, and medications available—so if a prisoner does have a condition that requires a specialist’s help, that condition may not be diagnosed until it has advanced.

Inadequate Training and Oversight

Some healthcare professionals in prisons may be less experienced, or lack the supervision and training they need. Just as in any medical setting, that can lead to medical errors, injury to patients—and malpractice.

Cost-Cutting Measures and Privatization

Health care services in Oregon jails and prisons are increasingly provided by private contractors, rather than the state. While these companies are not inherently inferior, outsourcing care is linked with medical malpractice in prisons because private companies have profit motives that are often at odds with patient care.

Private healthcare companies are typically paid a fixed fee per inmate or per facility, so to maximize their profit, there is a built-in incentive to hire fewer medical professionals or to delay costly procedures. There may also be conflicts of interest, such as where the same contractor provides both medical care and utilization review, deciding whether a treatment is medically necessary. In those cases, patient care often takes a back seat to profit.

Can You Sue a Prison for Medical Malpractice?

If you or a loved one did not receive the medical care needed in jail or prison, don’t assume that there is nothing that can be done about it. Consult a prison medical malpractice attorney to discuss whether you may have a civil rights claim for deliberate indifference, a claim for medical malpractice, or both. If there is a claim worth pursuing, you will have only a limited amount of time to file it before the statute of limitations expires and your claim is barred.

People don’t forfeit their right to care just because they are in jail or prison. You owe it to yourself or your loved one to at least investigate whether you have a claim with a reasonable chance of success. We invite you to contact The Fraser Law Firm P.C. to discuss your concerns.