The 8th Amendment and the Civil Rights Act protect inmates. Among those rights is the right to necessary medical care.
When an inmate is deprived of medical care which leads to harm or death, there may be a medical malpractice claim resulting from the medical negligence.
Depending upon the circumstances, the claims may be against the government, the jail or prison management company, or the medical providers. These days many if not most prison and jails are under private management. Likewise, medical care is often contracted out to private medical providers.
It is important to identify all possible defendants. Depending upon the defendant, the rules and deadlines on the medical malpractice claims can vary significantly. To be safe, it is very important understand and abide by these rules and deadlines.
The Albuquerque attorneys at Collins & Collins, P.C. can be reached at (505) 242-5958.