When a person is incarcerated, they still have constitutional rights to basic safety and medical care. Unfortunately, some jails and detention centers fail to provide necessary treatment for serious health issues. When this neglect reaches a certain level, it becomes known as deliberate indifference to serious medical needs.
If you or a loved one have suffered injuries due to ignored or delayed medical care while in custody, the Law Office of Joshua P. Golson can help you understand your legal options and pursue justice. Just because your loved one is incarcerated doesn’t mean they deserve to be treated poorly.
What Is Deliberate Indifference to Serious Medical Needs?
Deliberate indifference occurs when jail or prison officials know about an inmate’s serious medical condition or injury, yet consciously disregard the need for care. It goes beyond simple negligence or mistakes. Officials demonstrate deliberate indifference when they intentionally ignore obvious symptoms, delay treatment, deny prescribed medication, or refuse to transport a prisoner for medical attention.
Courts define a serious medical need as a condition that a doctor has diagnosed as requiring treatment or one so obvious that even a layperson would recognize the need for medical attention. This can include heart problems, infections, broken bones, diabetes, seizures, and mental health crises, among many others.
Recognizing Abuse and Neglect in Jail Medical Care
Some inmates might not feel safe fully explaining the extent of their situation, even with their loved ones, for fear of retaliation. Always be direct if you suspect medical neglect and let them know that no matter what, you have their best interest in mind and you can help make the situation better.
Warning Signs of Medical Neglect
For families and loved ones, recognizing deliberate indifference can be difficult. Common warning signs include:
- Unexplained weight loss, visible pain, or untreated wounds
- Repeated complaints of severe symptoms that go unaddressed
- Missed doses of medication or discontinued prescriptions without explanation
- Denial of medical visits, tests, or referrals
- Inmates reporting that staff mocked or ignored their medical requests
The Human Cost of Deliberate Indifference
When medical care is withheld or delayed, the results can be devastating. What begins as a treatable condition may worsen into a permanent injury, severe disability, or even death. Beyond the physical toll, the emotional trauma of being ignored or dismissed by those responsible for your care can have lifelong consequences.
Inmates’ Legal Rights Under Federal and South Carolina Law
Inmates still have civil rights even while incarcerated. These rights allow inmates and their families a chance to hold jail staff and administrators accountable for neglect or abuse. Ensuring these protections are honored requires thorough documentation and legal action against those responsible.
Constitutional Protections
Under the Eighth Amendment, prisoners are protected from cruel and unusual punishment, which includes the denial of necessary medical care. Pretrial detainees are individuals who are being held in jail but are not yet convicted. Pretrial detainees are protected under the Fourteenth Amendment’s due process clause.
Proving a Civil Rights Violation
Prison staff neglecting these important constitutional rights is a serious civil rights violation. To succeed in a deliberate indifference claim, it must be shown that:
- The inmate had a serious medical need.
- Jail officials knew of that need.
- They failed to act or deliberately ignored it.
This often requires collecting medical records, witness statements, and internal jail documentation that shows officials were aware of the condition but chose not to respond.
Who May Be Held Accountable
Liability can extend to correctional officers, jail nurses, contracted medical staff, or administrators who created or enforced policies that led to neglect. In some cases, entire departments or private healthcare providers serving the jail may also be responsible.
Anyone that fails to protect the inmates in their care must be held accountable.
Steps to Take if You Suspect Deliberate Indifference
If you believe your loved one is being denied medical care while incarcerated, act quickly:
- Document all details: Write down dates, times, and the names of staff involved. Keep copies of letters, requests, or complaints made to the facility.
Request medical records: Obtain medical files or any available documentation that shows what care was requested or denied. - Seek outside medical evaluation: If possible, arrange for an independent medical assessment after release or through a court order.
- Contact an experienced civil rights attorney: An attorney can investigate the situation, preserve evidence, and file a claim against those responsible.
Taking these steps early can help protect evidence and strengthen you and your loved ones' case for justice.
How the Law Office of Joshua P. Golson Can Help
The Law Office of Joshua P. Golson represents individuals and families across South Carolina who have suffered from neglect, abuse, or civil rights violations in correctional facilities. Our firm understands how emotionally difficult and complex these cases can be, and works tirelessly to hold negligent institutions accountable.
Attorney Josh Golson investigates every aspect of the case, from medical logs and surveillance footage to policy violations, to build a strong, evidence-based claim. His goal is to obtain compensation for medical costs, pain and suffering, and in some cases, punitive damages designed to deter future misconduct in the prison system.
Taking Action to Protect Your Loved One’s Rights
When jail officials fail to provide adequate medical care, the consequences are serious. Luckily, you do not have to face the system alone. The Law Office of Joshua P. Golson is ready to help victims and their families demand accountability and justice. No one deserves to be treated unfairly, even those who are incarcerated. Justice for all means something to us and we’ll make sure your loved one gets the treatment they deserve.
Schedule a Consultation with Law Office of Joshua P. Golson
Contact us at (803) 284-8573 today for a fast, free, and confidential consultation. If you suspect deliberate indifference to a serious medical need, you need help fast before your loved ones condition worsens. Our experienced attorneys will evaluate your claim and then go to work immediately before your loved one suffers further.
