Portland Jail Medical Malpractice Attorney
United States citizens are guaranteed protection from “cruel and unusual punishment” by the U.S. Constitution’s Eighth Amendment. In 1976, the United States Supreme Court proclaimed that the right to adequate medical care for inmates in county, state, and federal jails falls under that Eighth Amendment right.
Your constitutional rights may have been violated if you or a loved one has experienced inadequate care or neglect when treating pre-existing or newly discovered medical conditions. It is crucial that you seek legal counsel with a Portland jail medical malpractice attorney with Paulson Coletti Trial Lawyers PC.
Portland Jail Medical Malpractice Resources
To immediately access the resources at any point on this page, click the corresponding links below.
Why Choose Our Law Firm?
Portland Jails Must Legally Provide Medical Care
Potential Medical Problems in Oregon Jails
How Can an Attorney Help?
What is a Jail Medical Malpractice Lawsuit?
Why Jail Medical Malpractice Lawsuits Are Filed?
How Many Jail Facilities Are There in Oregon?
Call a Lawyer Today
Why Choose Paulson Coletti Trial Attorneys PC for Your Case?
- We take the phrase “for liberty and justice for all” seriously and will work to protect the rights of our clients.
- In our practice, we are selective about the cases we take on to give adequate attention to each client.
- We are talented negotiators who do not shy away from going to trial to secure the maximum possible settlement for our clients.
Portland Jails Are Legally Mandated to Provide Medical Care
Portland inmates or adults in custody (AICs) are as prone to illness and disease that require necessary medical care as the rest of society. The DOC’s Health Services provide services to treat acute illnesses, administer first aid, treat injuries, and offer end-of-life care.
Services for Mental and Behavioral Health
When an inmate suffers from severe or ongoing mental illness, the DOC provides individualized care and management. All AICs go through a mental health screening upon arrival. If a mental health crisis or struggle emerges during incarceration, the AIC’s mental health will be evaluated and treated as needed.
There are 12 institutions with DOC dental facilities. They are each staffed with a qualified dental staff made up of licensed doctors and capable dental assistants. AICs who are imprisoned in facilities that have no dental care clinic will be transported to the closest facility that is outfitted for dental care.
So that dental care patients who are also AICs receive the best dental care possible, the DOC dental facilities are National Commission on Correctional Health Care accredited.
What are Potential Medical Problems in Oregon Jails?
As stated earlier, incarcerated people face many of the issues that people on the outside face. However, they also face issues that are more prominent in the imprisoned population. Here are some of the potential medical problems that AICs face in Oregon jails:
- Mental health issues are more prevalent in incarcerated communities. The stress and trauma that accompany a jail setting cause Oregon inmates to struggle with depression, anxiety disorders, and post-traumatic stress disorder (PTSD).
- Often inmates in Oregon jails have a history of drug and alcohol dependency. Withdrawal can be difficult and very serious. It requires medical attention.
- Overcrowded jail populations are more susceptible to infectious diseases than the standard population. Covid-19, HIV/AIDS, hepatitis C, MRSA, and tuberculosis are diseases that are often transmitted in a jail setting.
- Chronic health conditions like diabetes, high blood pressure, and heart disease require ongoing healthcare and monitoring. If inmates do not have access to adequate medical care, these conditions can become even more severe, leading to health complications.
- AICs are at risk for physical injuries because of the likelihood of fights or accidents that can take place within the jail population. Injuries can be as minor as bruises and lacerations to traumatic brain injuries (TBIs) that require emergency attention.
Lack of access to medical care in jails can lead to inadequate and delayed medical treatments for AICs. This can cause conditions to accelerate and may even result in death.
How Our Portland Jail Medical Malpractice Lawyer Can Help
There are various ways that a Portland jail medical malpractice lawyer may be able to assist you or someone you care for who has been the victim of medical malpractice. Here are some of the services you can expect your attorney to provide:
- Your lawyer will review the details of your case, will investigate the circumstances of the illness or injury, gather witness testimony, and analyze the impact the medical malpractice had on your short and long-term health.
- If medical malpractice has caused you or your loved one injury or harm, an attorney can file a lawsuit to hold the responsible parties liable. These parties or entities could be the jail or medical staff or any other parties that had a role in your medical malpractice or neglect.
- Being in jail does not mean the inmate’s rights to file a lawsuit for medical malpractice are forfeited. Your attorney can file a lawsuit on your behalf.
- Your lawyer can negotiate an appropriate settlement with the parties who are responsible for the medical malpractice you suffered.
- An experienced attorney will understand how to best advocate for your rights and freedoms so that you are treated justly throughout the legal process. They have the ability to communicate with the jail and the medical staff to ensure your health care needs are sufficiently met.
- They can go to trial if negotiations fail and represent you throughout the entirety of your medical malpractice case.
A Portland jail medical malpractice lawyer will guide you through the legal system and help you to seek the compensation you are due because of the harm that you suffered due to medical practice while incarcerated.
What is a Jail Medical Malpractice Lawsuit?
When healthcare providers fail to provide adequate care, and it results in further damage to the patient’s health, the patient has the right to pursue a lawsuit. Typically, we hear of medical malpractice suits happening with doctors and hospitals, but the same rules apply to jail medical care as well.
Elements the Plaintiff Must Prove
To prove medical malpractice, the plaintiff must demonstrate the following:
- Jail healthcare providers must provide their patients, who are also AICs, with a duty of care. When doctors and healthcare providers see or treat patients, they are in a legally recognized doctor-patient relationship where a duty of care applies.
- The plaintiff must also show that the healthcare provider breached their duty of care through negligence. If another doctor or caregiver would consider the action taken, or not taken, by the medical personnel as unreasonable and inadequate, a breach of care can be proven.
- Proof of injury suffered due to the breach of care must also be shown in order for the claim to be considered valid. An injury must have occurred.
- Because of the patient’s neglect, an injury must have occurred. This could be an economic or a non-economic loss or could include both.
Why Jail Medical Malpractice Lawsuits are Filed
Prisons, jails, and private correctional facilities are all subject to medical malpractice suits. Some of the common reasons that these lawsuits are filed are listed below:
- Withdrawal from alcohol or drugs
- Delirium tremens
- Blood clots that go untreated
- Heart disease that is not adequately managed
- Stomach ulcers that go untreated
- Seizure disorders and strokes that are neglected
- Dental emergencies that are ignored
- Reactions to medications that go untreated
- Broken bones that go unset
- Delays in diagnosis of serious conditions like cancer
- Refusal to prescribe necessary medications
- Denial of aid in managing pain
- Failing to furnish medical care in crisis situations
How Many Jail Facilities Are There in Oregon?
At the time of this webpage’s publication, there are thirty-six jails across Oregon state. Some of the Oregon jail facilities in which medical malpractice may occur are:
- Baker County Jail
- Benton County Jail
- Clackamas County Jail
- Clatsop County Jail
- Columbia County Jail
- Coos County Jail
- Crook County Jail
- Curry County Jail
- Deschutes County Adult Jail
- Douglas County Jail
- Gilliam County Jail
- Grant County Jail
- Hood River County Jail
- Jackson County Jail
- Jefferson County Jail
- Josephine County Jail
- Klamath County Jail
- Lake County Jail
- Cottage Grove Municipal Jail
- Lane County Jail
- Springfield Municipal Jail
- Lincoln County Jail
- Linn County Jail
- Malheur County Jail
- Multnomah County Inverness Jail
- Polk County Jail
- Sherman County Sheriff’s Office
- Umatilla County Jail
- Union County Jail
- Wasco County Jail
- Washington County Jail
- Washington County Juvenile Detention
- Wheeler County Jail
Speak to a Portland Jail Medical Malpractice Attorney Today
If you or a loved one has suffered due to neglect or poor medical care in a jail facility in Portland, Oregon, you must contact us today for legal guidance. The trial lawyers at Paulson Coletti are ready to fight tenaciously for you to receive proper compensation for the injuries you sustained because of jail medical malpractice.