Texas Jail And Prison Medical Neglect Attorneys Fighting For The Voiceless
When you or a loved one enters a Texas correctional facility, you have the right to receive adequate medical care. Unfortunately, many inmates face horrifying neglect.
Marynell Maloney Law Firm, PLLC, is dedicated to giving a voice to those who have been silenced. Working with a passionate Texas attorney is vital when fighting for the rights of incarcerated individuals. Our attorneys have over 50 years of collective experience and a proven record of success in high-profile medical malpractice cases involving correctional centers. Based in San Antonio, we serve the San Antonio-New Braunfels Metro Area and clients statewide across Texas.
Your Constitutional Right To Medical Care
The Eighth Amendment of the U.S. Constitution prohibits cruel and unusual punishment. It is cruel and unusual punishment for jail staff or medical providers to act with deliberate indifference to the medical needs of incarcerated individuals. Deliberate indifference means that officials knew that there could be a substantial risk of harm and chose to disregard it.
To have a successful prison medical neglect case, you must show that you had a serious medical need and that the provider had subjective awareness of the danger. For example, if a guard sees an inmate having a heart attack and refuses to call for help, they have shown deliberate indifference. In most cases, an inmate needs to exhaust all administrative remedies before filing a lawsuit.
Common Examples Of Inmate Medical Neglect
Medical neglect in jails and prisons often stems from a lack of resources or a total disregard for human life. We see many cases where avoidable suffering leads to permanent injury or even death.
- Failure to provide timely medical treatment
- Denial of prescribed medications
- Delayed response to medical emergencies
- Failure to diagnose medical conditions
- Lack of access to specialized care
- Negligent care during pregnancy or childbirth
- Improper or unsanitary conditions
- Wrongful death caused by failure to provide care
If you recognize these signs of medical malpractice and neglect, act quickly. In Texas, you generally have two years to file a medical malpractice claim or a federal civil rights claim. We will help you obtain medical records from the facility, which is often a difficult process. We also identify all potential defendants, including individual nurses, jail administrators and private medical corporations. Our medical malpractice attorneys’ goal is to recover damages for medical expenses, pain and suffering, and loss of life.
Texas Laws And Your Civil Rights
The Texas Commission on Jail Standards oversees local facilities. It requires them to have a written plan for medical and mental health services. If a facility fails to follow these state regulations, it can be powerful evidence in a lawsuit.
In addition to state claims, we often bring lawsuits under 42 U.S.C. § 1983, which allows individuals to sue for civil rights violations. These Section 1983 claims allow us to hold government officials and private contractors accountable in federal court. Our prison medical neglect attorneys have deep knowledge of this highly niche area of the law. We know how to coordinate state and federal claims to maximize your recovery.
Contact Our San Antonio Medical Malpractice Lawyers For Help
If you or someone you know has suffered in a Texas jail or prison, we at Marynell Maloney Law Firm, PLLC, want to hear your story. We offer confidential consultations with a jail medical neglect attorney. Call our office toll-free at 800-717-6011 or locally at 210-446-0035. You can also send us an email to begin.