The Eighth Amendment prohibits cruel and unusual punishment to convicted individuals. This includes deliberate indifference of a prison official to an inmate’s serious medical need.
Many Illinois correctional facilities struggle with staffing shortages, budget constraints and administrative red tape. However, when leadership knows and fails to act on the issues that prevent inmates from receiving necessary care, that is not just negligence. It may be grounds for a legal claim.
What does “deliberate indifference” mean?
As established by the U.S. Supreme Court, deliberate indifference requires proof of two factors:
- A serious medical need exists: This is a condition either diagnosed by a doctor or serious enough that anyone could recognize the need for treatment.
- Officials knew and did nothing: Staff were aware of a real risk of serious harm and chose to ignore it.
A single mistake or a disagreement over a specific course of treatment does not usually meet this standard. The law is specifically concerned with knowing, reckless disregard for a person’s medical needs.
Signs that your loved one may be denied medical care
Some situations may be warning signs of deliberate indifference. Watch for instances where officers or staff:
- Withheld medication: Did they suddenly stop or deny prescription medicine such as insulin, heart medication or anti-seizure drugs?
- Ignored sick call requests: Did repeated requests for care go unanswered, or grievances dismissed without response?
- Emergency delays: Did they fail to seek outside medical help during a clear emergency, such as a heart attack or stroke?
- Postponed procedures: Did they knowingly delay surgeries or specialist visits for months despite a doctor’s orders?
If any of these situations apply, your loved one – or the administrator of their estate if they have passed away – may have grounds to pursue a claim under Section 1983. This federal law allows individuals in custody to sue government officials and private medical contractors for constitutional violations, such as denying life-saving medical treatment. A successful claim can result in compensation for medical costs, pain and suffering.
Protect your loved one’s rights and safety
A person has a right to adequate medical care, even if they are serving time. If you believe the facility holding your loved one is violating this constitutional right, understanding what legal options they have is a critical first step. An attorney can review the specific facts of their situation and walk you and your family through potential next steps.
