Deliberate Indifference to Medical Needs Attorney

To establish a deliberate indifference claim, two key elements must be proven:

1. A Serious Medical Need: A condition is considered “serious” when a reasonable person would recognize the need for medical attention or when ignoring it would create a substantial risk of harm. Examples include:
   • Severe infections
   • Broken bones or untreated injuries
   • Stroke symptoms, chest pain, or breathing difficulties
   • Diabetic episodes, seizures, or high-risk chronic conditions
   • Mental health crises, especially suicidal ideation
   • Withdrawal symptoms requiring supervision
2. Officials Knew But Ignored the Risk: To meet this standard, evidence must show that:
   • Staff were aware of the medical need
   • They had the ability to respond
   • They chose not to act, delayed treatment, or provided clearly inadequate care

This goes beyond negligence, which involves errors or oversights. Deliberate indifference involves conscious disregard for a person’s safety.

Examples of Deliberate Indifference

Deliberate indifference can take many forms, including:

• Ignoring requests for emergency medical attention
• Delaying care until a condition becomes life-threatening
• Withholding prescribed medications
• Failing to monitor individuals experiencing withdrawal
• Refusing mental health treatment or suicide-prevention measures
• Not responding to obvious injuries
• Failing to transport a person to a hospital despite clear symptoms

Even short delays can result in long-term harm or death.

People in custody rely entirely on correctional staff for their medical care. When that care is denied or delayed, the consequences can be severe, including:

• Preventable infections that become septic
• Worsening fractures or internal injuries
• Organ damage
• Permanent disability
• Psychological trauma from untreated mental illness
• Wrongful death

Families are often kept in the dark, unsure of what is happening behind the facility’s doors. But incarceration does not erase a person’s constitutional rights, and facilities must be held accountable when they fail to protect the people they detain.

Yes. Families may pursue a claim if their loved one was seriously harmed, unable to advocate for themselves, or died because medical needs were ignored. In wrongful death cases, family members can file on behalf of the deceased.

Useful evidence includes medical records, grievances, witness statements, surveillance footage, expert opinions, and any documentation showing staff knew about the condition but failed to act.

Deadlines vary, but many Missouri §1983 claims must be filed within five years. Some situations may shorten this timeframe. Because key evidence can disappear quickly, contacting an attorney early is essential.