South Carolina Jury Instruction - 2.2.3.2 Convicted Prisoner Alleging Deliberate Indifference To Serious Medical Need
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FAQ
The Eighth Amendment of the Constitution protects prisoners from ?cruel and unusual punishment.?6 In 1976, the Supreme Court said in Estelle v. Gamble that a prison staff's ?deliberate indifference? to the ?serious medical needs? of prisoners is ?cruel and unusual punishment? forbidden by the Eighth Amendment.
To prove deliberate indifference, the government must prove that the victim faced a substantial risk of serious harm; that the officer had actual knowledge of the risk of harm; and that the officer failed to take reasonable measures to abate it.
Deliberate indifference requires proof that an official knew the prisoner had a serious medical condition with related risks but nevertheless disregarded those risks. See Scinto v. Stansberry, 841 F. 3d 219 (4th Cir.
Deliberate indifference is a legal term used to describe harassment or failure to provide a prisoner with their human rights. It is the intentional disregard of substantial safety or medical harm to a prisoner.
Deliberate indifference occurs whenever a detention center fails to provide medical care to an inmate even though they know that it is likely to cause substantial harm to the person. Deliberate indifference examples include: Ignoring an inmate's claims or symptoms of serious illnesses.
Deliberate Indifference to Medical Care Attorneys When a jail or prison is knowledgeable of an inmate's needs but purposefully disregards a serious medical condition, resulting in the death of an inmate or pretrial detainee, the jail or prison can be liable for wrongful death.
In short, this means that the authorities knew about the problem or knew that a problem most likely existed, recognized it as potentially serious, but failed to act. Ignorance, poor judgement, or medical malpractice are serious charges, but not sufficient to warrant deliberate indifference.