Pre-trial detainees and convicted inmates have constitutional rights to receive reasonable medical care. While the former gain the right from the Due Process Clause, and the latter gain the right from the clause prohibiting cruel and unusual punishment, the limits of the right are essentially the same for both categories of prisoners.
The number of situations that can give rise to a failure to provide adequate are as varied as the medical conditions or situations that can occur. A paralyzed inmate may have a claim when she develops decubitis ulcers (“bed sores”). An inmate who is denied prescribed medication can assert a claim for any resulting injury. A prison can be liable for the suicide of an inmate that has manifested suicidal tendencies. Ultimately, when a person is incarcerated against his or her will, the state has the constitutional responsibility to act humanely and provide needed medical care.
If you or a loved one has been injured while in jail or prison, and it appears to be the government’s fault, feel free to contact us for a case evaluation. Our office is in Dallas, but we take cases beyond the Dallas-Fort Worth and North Texas areas. We will consider a case arising anywhere in Texas. Our local telephone number is (214) 670-9989, and our toll-free phone number is (866) 670-9989. You can also complete the contact form above. If you would prefer to give more detailed information, and you don’t have time to discuss it by telephone, feel free to complete this form – personal injury case submission form.