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Healthcare for people in prison is a difficult matter which is further complicated by the fact that most inmates suffer from psychological difficulties and/or substance abuse problems. Suicide, self-harm and assault are all causes for concern however one of the most dangerous matters dealt with by solicitors relates to medical negligence which is usually due to a failure to recognise and adequately treat illnesses whilst the sufferer is in the confines of a prison.

Human Rights

The European Convention on Human Rights imposes an obligation on the State to protect the life of those in custody and this relates positively to the issue of medical negligence in prison. The NHS is required by law to treat prisons in the same way as they treat residential homes and must register each prison with Care Quality Commission which requires that written standards of care are achieved.

General Practitioner Medical Negligence

Most solicitors medical negligence claims brought by prisoners relate to treatment received from general practitioners who attend the prison for surgeries and in most cases involve missed diagnosis. A prison doctor is judged in exactly the same way as a doctor who deals with patients in the outside world and is expected to provide reasonable care failing which a prison doctor may be judged to be negligent.

Strategic Framework

The concerns of medical negligence in prison has brought about a national delivery plan called 'Improving Health - Supporting Justice' which involves a strategic framework to improve the medical services provided to prisoners. It is believed that by reducing medical negligence those who would have otherwise suffered from medical negligence will be able to deal more effectively with the matters that brought them into prison in the first place.

Prison Medical Negligence Solicitors - no win no fee*

Our solicitors deal with medical negligence claims using either legal aid or the no win no fee* scheme otherwise known as a conditional fee agreement. No legal charge is payable to the solicitor unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client. If you believe that you may have a potential claim and would like to speak to a prison medical negligence solicitor just use the helpline or send the contact form or email our offices. Our solicitors offer free advice without obligation - do yourself justice and give us a call.



*Legal Information

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here