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I am looking for a civil rights attorney for medical malpractise by two prisons. One of them is Statesville correctional

Asked almost 3 years ago - Chicago, IL

The other is against Pinckneyville corrections for not giving me my medication ive been on for 3 years now. Stateville ignored my medical attention also for my medication, and a staff infection i received and put me on a bus without taking care of it. I have filed grievances the whole time i was feeling discomfort for my anxiety instead were putting me on medications ive never been on before and was having side effects to.I would like to file a lawsuit for violating my constitutional rights 6th and 8th amendment. I feel that it was just torture by ignoring my medical needs and something should have been done about it.During my incarceration i have also filed my grievances to Springfield and they did nothing about it neither but saying if im feeling discomfort fill out a sick call slip..

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Also during my stay at Stateville when i recieved a staff infection my medical attention was ignored by all staff. I filed grievences also which went through counselor and grievence officer,and then sent to SpringField. I also have recieved a scare from it on my right arm. I also had a mental evaluation done on me back in 2006 which states my medical condition which ive had since i was 16yrs old.

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Attorney answers (1)

Guy Scott DiMartino

Reputation Level 13

Answered over 2 years ago. Medical Malpractice Attorney in Howey In The Hills, FL.

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Incarcerated individuals have the ability to file two different causes of actions. Your header mentions medical malpractice and the body of your question points to a deliberate indifference claim.

Medical malpractice is a state law claim. In Illinois a plaintiff has to obtain a certificate/affidavit of merit before filing this action. A medical malpractice action requires proof that the doctor deviated from the applicable standard of care and that the deviation caused injury. Your question does not note the damages that you received because of the infection.

The second type of claim is a deliberate indifference claim under the 8th amendment - cruel & unusual punishment clause. Deliberate indifference is a higher standard than medical malpractice. First, the plaintiff has to show that they have a serious medical need. Once a serious medical need has been established, the plaintiff has to show that the healthcare provider showed conscious disregard for that need. Some courts have used the term - the act "shocked the conscience." The leadings case discussing the deliberate indifference standard is Estelle v. Gamble.

Before you can file a deliberate indifference claim you must exhaust all administrative remedies under the PRLA.

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