Inadequate medical treatment in prison may be a civil rights violation, but first, some stringent standards must be met. Miller Law Group has experienced civil rights attorneys that can help if you or a loved one has received inadequate medical treatment while in jail or prison.
The Eighth Amendment to the U.S. Constitution prohibits the government from imposing “cruel and unusual punishment” on prisoners. The Supreme Court has held that inadequate medical treatment may constitute cruel and unusual punishment. However, this can be a high standard. For example, unfortunately it is not a constitutional violation when a prison doctor inadvertently fails to provide adequate medical assistance. A prison doctor choosing one type of treatment over another, more effective method is also not enough. Even actions that would constitute medical malpractice may not give rise to a constitutional violation.
To have a valid claim under the Eighth Amendment, a prisoner must be able to show that officials were deliberately indifferent to a serious medical need. This means that the government officials actually knew of the objectively serious medical need and disregarded that need. Deliberate indifference can be found in a prison doctor’s actual treatment—or lack thereof—of a prisoner, as well as in prison guards who deny, delay, or interfere with treatment.
If you or a loved one has suffered because of inadequate medical treatment while in jail or prison, call the civil rights lawyers at Miller Law Group. With over 50 years of combined experience and offices in North Carolina, South Carolina, and Washington D.C., we can hold the government accountable.
Contact Miller Law Group or call (919) 348-4361 for a free consultation today.