Legal Question in Civil Rights Law in New York

Deliberate Indifference to Serious Medical Needs

Is the use of the complaint against deliberate indifference to serious medical needs limited to prison inmates? Research of the specific complaint discovers it has been applied only in complaints entered by inmates. All people in the US are guaranteed protection under the 8th constitutional amendment. Why would the complaint of cruel and unusual pain and suffering resulting from deliberate indifference to a serious needs not apply when the facts support the complaint in the medical treatment of a patient in a New York State hospital and that patient is not a prison inmate?


Asked on 8/09/05, 10:30 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Deliberate Indifference to Serious Medical Needs

Because the 8th Amendment deals with the right of prisoners. It talks about the right to be free of excessive bail and or excessive fines and says that cruel and unusual punishment shall not be inflicted.

The 8th Amendment says nothing about "cruel and unusual pain and suffering" in fact it says nothing outside of a custodial context.

The 8th Amendment's prohibitions do not apply to non-imprisoned (ordinary medical patients) because they are not imprisoned, not restrained, nor are they being punished. The 8th Amendment is irrelevant for their purposes. However if such patients are not receiving standard and customary care Doctors and hospitals may be liable for medical malpractice.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Read more
Answered on 8/10/05, 10:21 am


Related Questions & Answers

More Civil Rights Law questions and answers in New York