Rikers Island Medical Malpractice Lawyer

People who are detained at Rikers Island depend almost entirely on jail medical staff for their healthcare. They cannot choose their own doctor, schedule appointments with outside providers whenever they want, or simply go to an emergency room if they believe something is wrong. When medical professionals fail to provide appropriate care, the consequences can be severe, leading to serious injuries to detainees, unnecessary pain, permanent disabilities, or even death.

Medical malpractice can involve much more than a mistaken diagnosis. Delays in treatment, medication errors, failures to recognize medical emergencies, and inadequate follow-up care can all place a person’s health at serious risk. If you or a loved one suffered harm because of negligent medical care while detained at Rikers Island, understanding your legal rights is an important first step.

Stephen Bilkis is the founder of Stephen Bilkis & Associates. The firm represents individuals whose rights have been violated throughout New York. Stephen Bilkis has been recognized by Super Lawyers, holds an Excellent rating from Avvo, has been recognized by Justia as a Top-Rated Lawyer, has been selected by Expertise.com, and has been recognized by TopLawyer.com. Our attorneys can evaluate whether negligent medical care may give rise to a lawsuit and explain the legal options that may be available.

What Is Medical Malpractice at Rikers Island?

Medical malpractice occurs when a doctor, nurse, physician assistant, nurse practitioner, hospital, or other healthcare provider fails to provide medical care that meets accepted medical standards, and that failure causes injury. Medical care at Rikers Island is provided by Correctional Health Services, a division of NYC Health + Hospitals. Each jail on Rikers Island has its own medical clinic and infirmary where detainees receive routine and urgent medical care, while those with more significant medical needs may receive care through the Eric M. Taylor Center or be transferred to Bellevue Hospital or another outside medical facility when necessary. Regardless of where treatment is provided, healthcare professionals are expected to meet accepted medical standards. An experienced Rikers Island medical malpractice lawyer can evaluate whether those standards may have been violated.

Medical malpractice is not simply an unfavorable medical outcome. Some illnesses are difficult to diagnose, and some treatments are unsuccessful despite appropriate medical care. A malpractice claim generally requires evidence that a healthcare provider departed from the accepted standard of care and that the departure caused the patient’s injuries. For example, in Luckey v. City of New York, 2014 NY Slip Op 05697, the Appellate Division reinstated a medical malpractice claim after concluding that the plaintiff’s medical expert raised triable issues of fact regarding whether Rikers Island medical providers departed from accepted medical practice in treating an inmate with chronic asthma.

Examples of medical malpractice at Rikers Island may include:

• Failing to diagnose a serious medical condition 
• Delaying treatment for an illness or injury 
• Prescribing the wrong medication or incorrect dosage 
• Failing to recognize signs of a medical emergency 
• Ignoring abnormal laboratory results or diagnostic testing 
• Failing to properly monitor a patient’s condition after treatment 
• Surgical mistakes or other errors during medical procedures 
• Releasing a patient from medical observation or treatment before it is reasonably safe to do so.

Every medical malpractice case depends on its own facts, including the patient’s condition, the treatment that was provided, and whether the provider’s actions met accepted medical standards. An experienced Rikers Island medical malpractice lawyer can review the medical records, consult with qualified medical experts when appropriate, and determine whether there is evidence to support a malpractice claim.

What Types of Medical Mistakes Occur at Rikers Island?

Medical errors can occur in many different ways inside a correctional facility. Because incarcerated individuals rely almost entirely on jail medical providers for their healthcare, mistakes that might otherwise be corrected quickly can sometimes become much more serious. An experienced Rikers Island medical malpractice lawyer can investigate whether negligent medical care contributed to a person’s injuries.

Examples of medical mistakes that may occur include:

• Failure to diagnose serious illnesses. Detainees at Rikers Island may seek medical help for symptoms of serious conditions such as a heart attack, stroke, appendicitis, pneumonia, sepsis, or cancer, but those conditions are not always recognized right away. Medical staff may overlook warning signs, delay ordering tests, or mistakenly believe that a detainee is exaggerating their symptoms. When a serious illness is not diagnosed and treated quickly, it can lead to permanent injuries or even death.
• Delayed medical treatment. There have been numerous instances in which detainees at Rikers Island and inmates in other New York correctional facilities did not receive timely medical or mental health care despite showing signs that they needed immediate attention. Delays may occur when sick call requests go unanswered, medications are not provided on time, or detainees are not promptly transported to Bellevue Hospital or another outside medical facility. For example, in 2012, 25-year-old Jason Echevarria died at Rikers Island after swallowing a caustic cleaning agent. Although he repeatedly asked for medical help and showed obvious signs of distress, he was not treated in time. His estate later received a $3.8 million settlement.
• Medication errors. Many detainees at Rikers Island rely on daily medications to treat mental illness, diabetes, epilepsy, high blood pressure, and other ongoing health conditions. Missing doses, receiving the wrong medication or dosage, or waiting too long for a prescription to be filled can quickly lead to serious health problems, including seizures, diabetic emergencies, withdrawal symptoms, mental health crises, or other life-threatening complications.
• Failure to respond to medical emergencies. Some medical problems cannot wait. Chest pain, seizures, severe allergic reactions, diabetic emergencies, and signs of a stroke require immediate medical care. If staff at Rikers Island fail to respond quickly or delay transporting a detainee to Bellevue Hospital or another emergency room, the results can be life threatening.
• Improper treatment of injuries. Detainees who suffer broken bones, head injuries, deep cuts, burns, or serious infections need prompt medical care. Delays in cleaning and treating wounds, setting broken bones, ordering X-rays, or sending someone for surgery can make the injury worse and may lead to permanent disabilities, chronic pain, or serious infections.

Every case is different. Whether medical care was negligent depends on the specific facts, the patient’s condition, and what reasonably competent healthcare providers would have done under similar circumstances.

Who May Be Responsible for Medical Malpractice at Rikers Island?

Figuring out who is legally responsible for medical malpractice at Rikers Island is not always simple. Depending on what happened, responsibility may rest with one healthcare provider, several medical professionals, a hospital, or another organization involved in the detainee’s care. An experienced Rikers Island medical malpractice lawyer can investigate the circumstances and determine who may be legally responsible for the injuries.

Depending on the circumstances, liability may involve:

• Doctors, physicians, or specialists who provided medical treatment 
• Nurses, nurse practitioners, physician assistants, or other healthcare professionals 
• NYC Health + Hospitals, which through Correctional Health Services provides medical care to people detained at Rikers Island 
• The City of New York, when it may be legally responsible for the acts or omissions of its employees or under another recognized theory of liability 
• Outside hospitals, such as Bellevue Hospital, if negligent medical care occurred after a detainee was transferred for treatment 
• Laboratories, radiology providers, or other medical professionals involved in diagnosing or treating a medical condition 
• Other individuals or entities whose negligence contributed to the detainee’s injuries

More than one person or organization may be responsible for a detainee’s injuries. Determining what happened often requires reviewing medical records, test results, medication records, and other evidence to understand how the injury occurred and who may be legally responsible.

What Injuries Can Result From Medical Malpractice?

Our review of clients’ medical records has shown that medical malpractice can result in a wide range of injuries. We carefully examine those records to determine whether delays in treatment, medication errors, missed diagnoses, or other mistakes made a medical condition worse or caused additional harm. In many cases, the injuries are far more serious than the condition the person originally sought treatment for. When proper medical care is delayed or denied, a treatable illness or injury can become permanently disabling or even fatal.

Depending on the circumstances, medical malpractice may result in:

• A Worsening Medical Condition: Delays in diagnosing or treating illnesses such as pneumonia, sepsis, appendicitis, or cancer can allow the condition to become much more serious than it otherwise would have been. 
• Permanent Organ or Brain Damage: When conditions such as heart attacks, strokes, infections, or breathing emergencies are not treated quickly, they can cause permanent damage to the brain, heart, kidneys, or other organs. 
• Complications from Medication Errors: Receiving the wrong medication, the wrong dosage, or experiencing delays in receiving necessary prescriptions can lead to seizures, diabetic emergencies, withdrawal symptoms, allergic reactions, or other serious complications. 
• Permanent Disabilities: Untreated fractures, head injuries, infections, or other serious medical conditions can leave a person with lasting physical limitations, nerve damage, chronic pain, or paralysis. 
• Amputation or Loss of Function: Severe infections or untreated circulatory problems may lead to the loss of a limb or permanent loss of function in part of the body. 
• Emotional and Psychological Harm: In addition to physical injuries, delayed or inadequate medical care can cause significant emotional distress, anxiety, depression, or other psychological injuries. 
• Wrongful Death: In the most serious cases, the failure to provide timely and appropriate medical care may result in a preventable death.

How severely someone is harmed often comes down to how long treatment was delayed, the nature of the medical condition, and whether timely care could have prevented the outcome. These are some of the factors a Rikers Island medical malpractice lawyer considers when determining how the injuries affected the value of a claim.

What Should You Do if You Believe Medical Malpractice Occurred?

If you believe you or a loved one received improper or delayed medical care while detained at Rikers Island, taking prompt action can help protect your health and preserve important evidence. Consulting an experienced Rikers Island medical malpractice lawyer as soon as possible is key to understanding your options and building a claim.

If possible, you should:

• Seek Medical Care: If you are no longer detained, see a doctor as soon as possible. An outside medical evaluation may identify conditions that were missed or untreated at Rikers Island. 
• Keep Medical Records: Save discharge papers, prescriptions, test results, and records from any doctors or hospitals that treated you after the incident. 
• Write Down What Happened: Record when your symptoms began, when you asked for medical care, when you actually received treatment, and the names of any healthcare providers or correction officers involved. 
• Take Photographs: If you have visible injuries, surgical scars, or other physical signs of your condition, take clear photographs as soon as possible. 
• Keep Track of Your Expenses: Save records of medical bills, prescription costs, lost wages, and any other expenses related to your injuries. 

Not everyone is able to gather this information while they are detained. However, collecting as much information as possible after the incident can make it easier to show what happened, how your condition changed over time, and how the delayed or improper medical care affected your health.

Can I Recover Compensation for Medical Malpractice at Rikers Island?

If you or a loved one suffered serious harm because of medical malpractice at Rikers Island, you may be entitled to financial compensation. Every case is different, but one of the first questions we ask clients is how the negligent medical care changed their health and future. The answer often shapes the entire case and plays a significant role in determining what compensation may be available.

Depending on how the malpractice affected you, compensation may be available for:

• Medical expenses for treating injuries caused or made worse by the malpractice 
• The cost of future medical care and rehabilitation 
• Lost wages if the injuries affected your ability to work after your release 
• Loss of future earning capacity caused by permanent injuries 
• Physical pain and suffering 
• Emotional distress 
• Permanent disability or disfigurement 
• Wrongful death damages that may be available to eligible surviving family members under New York law 

Recovering compensation requires more than showing that a medical provider made a mistake. You must also prove that the negligent medical care caused or worsened your injuries and that those injuries resulted in legally recoverable damages. Medical records, testimony from qualified medical experts, and other evidence are often needed to establish both what went wrong and how it affected your health. An experienced Rikers Island medical malpractice lawyer can use that evidence to demonstrate how the negligent medical care affected your health and the compensation you may be entitled to recover.

What Is the Deadline for Filing a Medical Malpractice Claim Related to Rikers Island?

There is no single deadline that applies to every medical malpractice case involving Rikers Island. The amount of time you have depends on who provided the negligent medical care, the type of claim you are bringing, and what happened. While an experienced Rikers Island medical malpractice lawyer can determine which deadlines apply to your case, here are some of the most common deadlines:

• Claims Against NYC Health + Hospitals: Because medical care at Rikers Island is generally provided by NYC Health + Hospitals through Correctional Health Services, many medical malpractice claims require that a Notice of Claim be served within 90 days of the incident. In addition, the lawsuit generally must be filed within one year and 90 days. Missing either deadline can prevent you from recovering compensation.
• Claims Against Private Medical Providers: If the malpractice claim is against a private healthcare provider or another defendant that is not entitled to municipal protections, different deadlines may apply. In many cases, New York law allows two years and six months to file a medical malpractice lawsuit. See CPLR § 214-a. 
• Wrongful Death Claims: If medical malpractice resulted in a person’s death, additional filing deadlines and Notice of Claim requirements may apply, particularly when the claim involves NYC Health + Hospitals or another governmental entity. An experienced Rikers Island medical malpractice lawyer can determine the deadlines that apply to your case. 
• Federal Civil Rights Claims: Some cases involving the denial of medical care at Rikers Island may also give rise to a federal civil rights claim under 42 U.S.C. § 1983. Unlike New York medical malpractice claims against governmental entities, these claims generally do not require a Notice of Claim and are typically subject to a three-year statute of limitations. Different legal standards apply, and some cases involve both state medical malpractice claims and federal civil rights claims.
• Different Rules May Apply: Medical care at Rikers Island may involve more than one doctor, nurse, hospital, or government entity. Because of that, different deadlines and legal requirements may apply to different parts of the same case. 

We understand that missing a filing deadline can prevent injured victims from recovering compensation, even when medical malpractice caused serious harm. That is why one of the first things we do when meeting with a new client is establish a clear timeline of what happened. Identifying the applicable deadlines early helps us protect our clients’ rights and avoid missing important legal requirements.

Frequently Asked Questions

Contact Stephen Bilkis & Associates

If you or a loved one suffered injuries because of negligent medical care while detained at Rikers Island, learning about your legal rights is an important first step. An experienced Rikers Island medical malpractice attorney can review the circumstances of your case, explain your legal options, and determine whether you may be entitled to pursue compensation.

Stephen Bilkis is the founder of Stephen Bilkis & Associates. Stephen Bilkis has been recognized by Super Lawyers, holds an Excellent rating from Avvo, has been recognized by Justia as a Top-Rated Lawyer, has been selected by Expertise.com, and has been recognized by TopLawyer.com. We are available to answer your questions, evaluate your potential claim, and guide you through every stage of the legal process.

If you or someone you love believes they were the victim of medical malpractice while being held at Rikers Island, contact us today at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We represent clients throughout New York City, Long Island, Westchester County, Nassau County, Suffolk County, and surrounding New York communities.