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Can Prisoners Sue for Medical Malpractice?

Can Prisoners Sue for Medical Malpractice?

When doctors, nurses, administrators, and other medical professionals are negligent or take advantage of patients, patients have the right to seek compensation by filing a medical malpractice suit. However, while many Americans sue every year over malpractice claims, there is one demographic which has been routinely subjected to abuse that often struggles to find legal recourse: the incarcerated.

As Steve Coll recently outlined in a New Yorker investigation, America’s prison population has suffered numerous health emergencies in addition to being greatly affected by the opioid crisis in recent years. Coll found that Corizon Health and Wellpath, two companies which provide healthcare services to inmates, have been sued close to 1500 times over the past 5 years. According to federal and state court records, plaintiffs routinely alleged malpractice, neglect, injuries, and wrongful death. Only about a fourth of petitioners in these suits had a lawyer, while over 100 ended in confidential settlements.

Complicating matters for prisoners who have not received proper healthcare is the fact that many of them may not know who to file a suit against. Wellpath’s chief strategy officer, Patrick Cummiskey, told Coll that the company typically assumes compensation responsibility in these cases, stating, “We bear the risk of malpractice… we’re incentivized to provide quality care.” However, Corizon has previously entered into contracts that stipulate that the facility where a given prison is located must bear financial responsibility for all medical malpractice claims.

All Americans Deserve the Chance to Seek Compensation

Prisoners, like every other citizen in the United States, are legally allowed to seek compensation for medical malpractice. Sadly, too few have the opportunity to hire legal counsel who can truly fight for them. At the Law Offices of David Henderson, I will always argue to achieve maximum compensation for clients, regardless of the details related to their case. As an Anchorage medical malpractice lawyer, I have been fighting for the people of Alaska for almost 2 decades, and will continue to fight for the rights of the injured for years to come.

Call (888) 295-6566 now to hire an attorney who will never give up, or click here to schedule a free consultation online, anytime.


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