The standard for deliberate indifference is different than the standard for ordinary medical malpractice. So, what is deliberate indifference to an inmate’s medical needs? When a person is in jail, they have a constitutional right to receive adequate medical care and attention. In some cases, when correctional medical staff or jail officials knowingly fail to address a prisoner’s serious medical need, they may be violating the inmate’s rights under federal civil rights law.
This type of case is distinct from the traditional Florida medical malpractice claim, but some cases might involve both types of legal claims.
What Does Deliberate Indifference Mean?
Deliberate indifference is a standard of legal liability that comes into play when government officials, including jail medical staff and other jail officials, act with knowledge of and disregard for a prisoner’s serious medical needs.
To prove deliberate indifference, the applicable standard is generally higher than one based on a mistake, poor judgment, or a bad outcome that was not the result of intentional conduct. Deliberate indifference typically requires the claimant to show that:
- The inmate had a serious medical need.
- The responsible official was aware of that medical need.
- The official consciously disregarded the substantial risk of serious harm.
The standard for deliberate indifference is a high one, in part because it is meant to implicate liability only for conduct where a government official actually knows about a risk to a person’s health or safety and unreasonably fails to take steps to avoid that risk.
Examples of Deliberate Indifference
There were about 87,200 inmates in Florida at the end of 2023. Compared to the prior year, this represented a 3% increase. As a result, the prison rate was 382 per 100,000 people, and many of them required medical care while inside. Each case’s unique set of facts dictates whether deliberate indifference can be established. Examples of conduct that might support a deliberate indifference claim include:
- An official repeatedly ignores a prisoner’s requests for treatment.
- A jail official, without justification, refuses to provide access to medicine that has been prescribed to an inmate.
- An official holds off on providing emergency medical care when clear, evident symptoms require immediate attention.
- Jail staff or medical personnel fail to take necessary steps to obtain medical treatment following a serious injury.
Not every mistake or difference of opinion over medical care rises to the level of a constitutional violation, and the court generally makes distinctions between actions that rise to the level of medical malpractice.
Relevant Medical Malpractice Laws
The majority of claims that include an allegation of deliberate indifference are brought pursuant to 42 USC Section 1983, a federal civil rights law that serves as a means to address constitutional violations committed by those under the guise of state power.
The state’s medical malpractice laws may also apply, including Chapter 766, Florida Statutes, to the extent that the treatment provided by a healthcare provider fell below the applicable standard of care. The facts of each case are critical to determine whether an action involves constitutional violations, medical malpractice, or both.
Hire a Medical Malpractice Lawyer Today
Spangenberg Shibley & Liber has represented people in complex Florida medical malpractice cases for many years.
Since 1946, the firm has recovered more than $1 billion in verdicts and settlements on behalf of its clients, including many multimillion-dollar verdicts and settlements involving medical negligence and other serious misconduct. However, past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own merits. Hire a medical malpractice lawyer for help.
In many instances, civil rights claims based on medical care provided to inmates are brought in federal court. Federal civil rights claims originating from Miami are usually filed in the US District Court for the Southern District of Florida, located at 400 North Miami Avenue, Miami, FL 33128. We are familiar with the local courthouses. Contact a medical malpractice attorney today for assistance on your case.
