People lose a number of rights when they’re serving time in prison. However, the right to necessary medical care isn’t one of them. Nonetheless, there have been numerous instances across the country of prisoners losing their lives because they were denied care or received insufficient care.
There are numerous reasons for this, including problems with contracts awarded to businesses that provide health care services to prisons. Many facilities outsource this care to third parties – too often based on who can provide it for the best price.
Condition wasn’t properly treated until he transferred to another facility
Prisoners can be the victims of medical malpractice, and they (or their survivors) have the right to seek justice. Just recently, the Nevada Department of Corrections (NDOC) was ordered to pay $3.4 million to a man who received inadequate treatment for years when he was serving a sentence for kidnapping and robbery at the Southern Desert Correctional Center in Clark County.
The man had repeatedly complained to prison staff about severe abdominal pain and trouble urinating. He was given generic medication, but his problems continued for over a decade until he was transferred to a correctional facility in Carson City. Doctors there immediately drained some 14 pounds of fluid and then sent him to yet another facility for further treatment.
However, due to years of inadequate treatment, the man, who is now in his 80s and no longer in prison, says he suffered Stage 3 kidney disease and erectile dysfunction in addition to the pain caused by the surgery required to fix some of the problems caused by the years of fluid build-up.
Settlement is over $1 million less than jury originally awarded
The man was awarded $4.5 million last year by a jury. However, the NDOC appealed. Both parties agreed to a $3.4 million settlement that was approved earlier this year by the Nevada Board of Examiners (comprised of the state’s governor, secretary of state and attorney general).
His attorney noted that while “no amount of money makes anything better…. he especially is happy to have some justice… and can move on from this and enjoy the rest of his life.”
These cases can be more complicated than more “traditional” medical malpractice cases. For example, in this case, there was a question of whether members of the original correctional facility’s staff had “qualified immunity” for not getting the man further medical treatment when his pain continued. (A judge ruled that they didn’t.) That’s why having legal guidance is especially important to protecting your rights.
