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Case focus
Federal Civil Rights Litigation
Jails are constitutionally required to provide adequate medical care to inmates. When contracted medical providers fail to meet this standard, they can be held liable for resulting injuries and deaths.
Proof track
Inmate requested medical attention repeatedly but was denied or delayed evaluation.
Inmate was denied prescribed medication or given incorrect dosages.
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01
The Constitutional Right to Medical Care in Jail
Under the Fourteenth Amendment, pre-trial detainees have a constitutional right to adequate medical care. This right was established by the U.S. Supreme Court in Estelle v. Gamble and requires that jail officials and their medical providers not be deliberately indifferent to serious medical needs.
Most Oklahoma county jails contract with private companies or individual practitioners to provide medical services. When these providers fail to deliver constitutionally adequate care, both the provider and the county can be held liable.
02
Common Medical Provider Failures
- Inadequate Screening at Booking: The medical provider fails to conduct a thorough health assessment at intake, missing critical conditions like diabetes, heart disease, epilepsy, pregnancy, or substance dependence.
- Failure to Treat Known Conditions: The inmate has a documented medical history but the provider fails to continue prescribed medications or treatment regimens.
- Ignoring Sick Call Requests: Inmates submit multiple sick call requests that go unanswered for days or weeks.
- Understaffing: The medical provider does not staff the facility with enough nurses, physicians, or mental health professionals to meet the inmate population's needs.
- Failure to Refer: The on-site medical staff fails to refer inmates with serious conditions to outside hospitals or specialists when the jail cannot provide adequate treatment.
03
How We Build These Cases
- Medical Records: Complete jail medical records, including intake assessments, sick call logs, medication administration records, and provider notes.
- Medical Provider Contract: The agreement between the county and the medical provider, including staffing requirements, scope of services, and quality benchmarks.
- Expert Review: We retain independent correctional medicine experts to review the care provided and opine on whether it met constitutional and professional standards.
- Prior Complaints: Has the medical provider been the subject of prior lawsuits, regulatory actions, or complaints at this or other facilities?
- Staffing Records: Actual staffing levels compared to contractual requirements and professional standards.
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