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Can you sue a jail for failure to provide insulin or other medical care?

A recent tragedy highlight how dangerous a routine trip to a county jail can be for those with serious medical conditions. Sarah Tibbetts was a diabetic who needed regular insulin injections to manage her condition. Sarah was in the Irving jail for a marijuana possession charge and the jail refused to provide her with insulin. Tragically Sarah died as a result of the cruel indifference and incompetence of the Irving jail. The Irving jail should have provided Sarah the insulin she needed, and must provide a basic level of health care to the inmates in their custody. Often, jails show no interest in providing health care and local government cut funding to provide these services. The result is often tragedy.

Jails are required to provide proper medical care to inmates. If not, you can sue for Wrongful Death or other injuries.

The law is clear that inmates have the right to a basic level of medical care in jail. If you have not been convicted of a crime you have what is called a “due process” claim if a jail refuse to provide proper medical care.

What’s the law on medical care and inmates? Can you sue the jail if they fail to provide proper treatment?

A jail or prison’s deliberate indifference to a prisoner's serious illness or injury can be the basis of a federal lawsuit. Deliberate indifference means there must be more than ordinary lack of due care for the prisoner's interests or safety. An inmate must show that a prison official “act[ed] with deliberate indifference [and] exposed a prisoner to a sufficiently substantial risk of serious damage to his future health.

 A mere disagreement with the level and type of treatment is not actionable under the Eighth Amendment.  An incorrect diagnosis does not state an Eighth Amendment claim because the deliberate indifference standard has not been met.  Delay in treatment may be the basis of a lawsuit only if there has been deliberate indifference and the delay results in substantial harm.

If you need to speak with a team of lawyers who can help you with an inmate health care or wrongful death lawsuit call Guest and Gray Law Firm. We have a history of getting the best result in injury, accident, and wrongful death cases and we can help you. We offer free confidential consultations in all inmate wrongful death cases.

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