If a Loved One Died From Drug or Alcohol Withdrawal While Incarcerated, A Wrongful Death Claim is Possible
At Lauer & Curie, P.A., we take pride in our experience and reputation as formidable litigators that advocate for persons victimized by the penal system. It is our firm belief that every prisoner is constitutionally guaranteed basic human rights such as healthcare. When these rights are denied, resulting in death, we are there to help the survivors and/or their loved ones recover the restitution they are owed. One of the most common ways prisoners suffer is through the denial of healthcare while addicted to drugs or alcohol, which can cause severe reactions that result in death.
What is Withdrawal from Drugs and Alcohol?
When a person consumes a large amount of alcohol on a consistent basis, and then either abruptly stops consuming it altogether, or significantly decreases the amount they consume, they may experience complications with their mental and/or physical health. The same is true for persons that consume large amounts of drugs.
Symptoms of Withdrawal
- High blood pressure
- Suicidal thought/attempts
- Irregular heart beat
- Inability to think clearly
Why is Withdrawal from Drugs and Alcohol While Incarcerated so Particularly Heinous?
A person that is incarcerated is completely at the mercy of those persons who operate the facility where they are housed. They are unable to seek their own medical care and must depend on others to obtain their care for them. This inability to help themselves and requirement to depend completely on others is what makes their denial of care so particularly egregious and heinous.
How Do I Know if I Can Recover from Denial of Medical Care?
In Estelle vs. Gamble 429 U.S. 97, the United States Supreme Court held that “deliberate indifference to serious medical needs of prisoners” violates the Eighth Amendment of the United States Constitution. The key is that the prisoner must be in serious need of medical care and the institution where the prisoner is incarcerated must deliberately fail to provide that care. Whether or not your particular case falls within the parameters established by Estelle vs. Gamble is a matter our Florida inmate wrongful death lawyers can address with you.
Contact Our Florida Inmate Wrongful Death Lawyers Today
If you have suffered significant damages due to untreated withdrawal symptoms while incarcerated, or if a loved has died due to a denial of medical care while suffering withdrawal symptoms while imprisoned, call our firm today.
We are attorneys who know how to hold those responsible financially liable and we are admitted to practice in law in Florida state courts and Federal courts. You can reach us online or by calling 954-533-4498.