Washington Jury Instruction - 2.2.3.2 Convicted Prisoner Alleging Deliberate Indifference To Serious Medical Need
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FAQ
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.
The pattern instructions are not authoritative primary sources of the law; rather, they restate otherwise existing law for jurors. The pattern instructions do not receive advance approval from any court, although they are often treated as ?persuasive.? See, e.g., State v. Mills, 116 Wn.
The Eighth Amendment jurisprudence of the United States requires courts to look to ?evolving standards of decency? when determining if a particular punishment is cruel and unusual.
To prove deliberate indifference, an inmate must be able to prove that a prison guard, warden, or prison staff member had knowledge of the substantial risk of harm and failed to act. Evidence of knowledge can be shown by a prisoner who: Was in prolonged or excessive pain.
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.
To constitute deliberate indifference under 42 U.S.C. § 1983, the medical care in question must have been grossly inadequate, meaning that no reasonable doctor would conclude that the treatment was lawful. Terrance v. Northville Reg'l Psychiatric Hosp., 286 F. 3d 834, 843-844 (6th Cir.
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.
Eighth Amendment Explained. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Gamble. The constitutional right to healthcare for incarcerated individuals, as established through Estelle v. Gamble, maintained that failing to provide "adequate medical care" violated the Eighth Amendment's prohibition of cruel and unusual punishment.
Examples of deliberate indifference include: Intentionally delaying medical care for a known injury or condition (e.g., a broken arm or withdrawal from drugs and/or alcohol). Intentionally failing to follow a doctors orders (e.g., a prison nurse intentionally failing to administer medication as ordered by the doctor)