Lawsuits for “Medical Neglect” in Nevada Jails & Prisons

Nevada prisoners have an Eighth Amendment right to adequate medical care, dental care, and mental health care. Inmates suffering from healthcare neglect or medical malpractice may bring a Section 1983 lawsuit against their jail or prison for violating their civil rights.

In order to prevail on a constitutional claim for medical neglect in jail or prison, an inmate (“plaintiff”) would need to prove that:

• the inmate had a serious medical need, and
• the jail or prison displayed deliberate indifference

Plaintiffs in 1983 cases may recover compensatory damages to pay for their:

• doctors’ bills (that are not covered by the jail or prison)
• pain and suffering,
• lost wages (if applicable)
• loss of future earnings (if applicable)

Depending on the case, the court may also order punitive damages as well as a reimbursement of attorneys’ fees.

In this article, our Nevada personal injury attorneys discuss:

• 1. Required health care for inmates
• 2. Injuries from medical neglect of inmates
• 3. Suing for medical neglect of inmates
• 4. Whom to sue for medical neglect of inmates
• 5. Remedies in medical neglect lawsuits
• 6. Defenses to medical neglect lawsuits
• 7. Statute of limitations

1. Required health care for Nevada inmates

The Eighth Amendment of the U.S. Constitution obligates jail and prisons to provide adequate health care.¹ This comprises regular medical, dental care as well as mental health care (when necessary).²

Note that inmates are entitled to adequate care no matter whether the providers are government employees or private practitioners under contract with the government.³

1.1. Nevada jails

Jails are local detention facilities that house people who either:

• have been arrested,
• are awaiting trial (and do not bail out), and
• serving Nevada misdemeanor sentences

NRS 211 delegates the administration of jail inmates’ health care to county sheriffs. Jails are required to provide treatment to inmates for:

• injuries incurred during arrest or while in custody;
• treatment for infectious, contagious, or communicable diseases; and
• examinations as required by law or by court order.

Inmates must pay for their own treatment if their injuries occurred while they committed a public offense, while they were arrested (if convicted), if they self-inflicted their injuries, or if their injuries or illnesses were preexisting prior to being in custody.⁴

1.1.1. CCDC

The biggest jail in Clark County is the Clark County Detention Center (CCDC) in downtown, Las Vegas. The CCDC contracts with NaphCare, Inc. to provide medical and mental health services at both the CCDC’s main facility and its North Valley Complex (NVC).

NaphCare is paid to provide medical and medication management, mental health care, and drug detoxification treatment. It also coordinates women’s health care, emergency and radiological services, dialysis, and other services.

NaphCare is required to complete a thorough health assessment of any inmate that is in custody for 10 days. And they must supply inmates who are discharged with a reasonable amount of medication and information on community resources to continue their health care.⁵

1.2. Nevada prisons

Prisons house people who have been convicted of a Nevada felony and are serving their sentences, which are typically a year or longer.

NRS 209 delegates the administration of prison inmates’ health care to Nevada’s Department of Corrections Medical Division. The Division’s Medical Director and Medical Administrator manage the department’s medical, dental, clinical mental health, and pharmacy services. The Medical Division also has a Nursing department and Central Pharmacy.

Nevada’s larger prisons have medical clinics, dental clinics, and infirmaries. Two prisons have on-site acute care infirmaries. Primary care is provided in the prisons. Outside surgeons, cardiologists, and gastroenterologists periodically go to the prisons to provide care there. When off-site care is necessary, inmates are taken to community hospitals.

On average, the prisons’ healthcare staff have 600 patient care contacts each day.⁶

2. Nevada inmate injuries from medical neglect

Medical care is especially vital in jail and prison since statistics indicate that inmates have higher-than-average rates of illness as compared to the general population.^{7]  However, Nevada’s jail and prison healthcare is woefully inadequate:}

In 2015, Nevada spent less than $3,500 on healthcare per inmate, which pales next to the $5,720 per inmate average. Of the 43 states surveyed in a recent Pew research study, Nevada ranks the fourth-lowest in healthcare staffing, with only 24.5 full-time staff for every thousand inmates. (Inadequate medical staffing is most pressing in rural areas.)⁸ And Nevada prison inmates pay a copay of $8 for healthcare, making Nevada second only to Texas as the most expensive state for inmates.⁹

A recent audit of the CCDC shows that its medical provider NaphCare often failed to provide medications to inmates being discharged and did not provide sufficient mental health treatment.¹⁰

2.1. Inmate grievances

Jail and prison inmates may file grievances about inadequate medical care. Just some of the complaints that Nevada prison inmates have made include the following:

• Blindness due to not receiving insulin for diabetes, cataract surgery, or glaucoma treatment
• No medical care for heart disease
• No medical care for Hepatitis C
• No medical treatment for tumors and suspicious moles
• No medical care for five days after suffering an assault from cellmates, resulting in a permanently disabled tongue
• No medical care after being beaten by prison employees, resulting in a dislocated shoulder
• Dental malpractice, resulting in a broken jaw
• No medical care from injuries resulting from handcuffs that were too tight
• No medical care for a torn meniscus
• No medical care for diabetes

Furthermore, many inmates face retaliation by prison workers as well as doctors for filing grievances to begin with. So many inmates suffer without seeking medical care for fear of being assaulted, sequestered, or denied food.¹¹

3. Suing for medical neglect in Nevada jails and prisons

Nevada inmates who have suffered medical neglect can bring a Section 1983 lawsuit claiming they were denied their Eighth Amendment constitutional right to adequate medical care. In order to prove medical neglect, the inmate (“plaintiff”) would need to show the following:

1. The inmate has a serious medical need,
2. The prison/jail acted with deliberate indifference to the inmate’s medical need¹²

The plaintiff has the burden to prove these elements by a “preponderance of the evidence.” This is the legal way of saying that it is more likely than not that the jail/prison committed medical neglect.¹³

3.1. Serious medical need

A medical condition qualifies as a “serious medical” when the failure to treat the condition can cause the inmate further significant injury or the unnecessary or wanton infliction of pain. A condition does not have to be life-threatening in order to be a serious medical need: Substantial pain, injury, or function loss is sufficient.¹⁴

Examples of serious medical needs may include:

• broken bones
• torn ligaments
• infection disease
• cancer
• deep cuts
• chronic disease
• chronic pain
• an infected tooth that needs extraction
• suicide attempts

Note that mild injuries or discomfort do not rise to the level of a serious medical need. Plaintiffs’ attorneys often rely on expert medical witnesses to testify as to the seriousness of the plaintiffs’ medical needs.

3.2. Deliberate indifference to the inmate’s serious medical need

There are several ways detention facilities may become aware of an inmate’s health care emergency, including:

• the ailing inmate informs a jail/prison employee or doctor
• a fellow inmate informs a jail/prison employee about the patient’s condition
• a doctor discovers the medical need during an examination or by reviewing health records
• a jail/prison employee observes the sick inmate in distress or in deteriorating health

Once the detention facility becomes aware that an inmate may have a serious medical need, it is obligated to investigate the matter further and provide treatment if necessary. A jail/prison acts with “deliberate indifference” when it is aware of the inmate’s medical situation and recklessly disregards the substantial risk of harm that the inmate faces.¹⁵

Examples of deliberate indifference to an inmate’s serious health care needs may include:

• delaying or denying access to health care
• denying access to a specialist when necessary
• failing to follow doctors’ orders, such as administering medicine
• failing to fully examine the inmate and review the healthcare records in order to formulate the most appropriate treatment
• the jail/prison deciding on treatment by considering only non-medical factors, such as money or convenience¹⁶

Note that defendant(s) cannot be held liable for medical neglect merely for being negligent. The plaintiff has to show that the defendant(s) acted recklessly, which is a higher standard than negligence.¹⁷

Typical evidence that can help demonstrate “deliberate indifference” includes eyewitness testimony, medical records, and surveillance video.

4. Possible defendants in medical neglect of inmate cases

Depending on the facts of the case, inmates may sue some or all of the following parties for health care neglect:

• The jail/prison
• The individual guards or other detention officials that showed deliberate indifference to the inmate’s condition
• The medical staff that showed deliberate indifference to the inmate’s condition
• The medical group that employed the doctors who showed deliberate indifference to the inmate’s condition

5. Remedies for medical neglect of inmates in Nevada

Plaintiffs who suffered healthcare neglect while in jail or prison may try to recover compensatory damages to pay for their:

• doctors’ bills (that are not covered by the jail or prison)
• pain and suffering,
• lost wages (if applicable)
• loss of future earnings (if applicable)

If the court finds the actions of the jail or prison officers to be particularly egregious, the court may order punitive damages. In many cases, punitive damages are much higher than compensatory damages. The court may also order that the defendants pay the plaintiff’s attorneys’ fees.

Finally, the court can order the jail or prison to provide the necessary medical treatments the inmate requires.¹⁸

6. Defenses to Nevada lawsuits for medical neglect of inmates

Defendants in a 1983 lawsuit for healthcare neglect may try to advance the following arguments to avoid liability:

• The plaintiff did not have a serious health care need;
• The defendant(s) did not know … and reasonably could not have known … that the plaintiff had a serious medical need;
• The defendant(s) did not demonstrate deliberate indifference; and/or
• The medical treatment … or lack of treatment … that the plaintiff received falls within acceptable professional standards of care

Defendants may try to argue that they have “qualified immunity in Nevada” that protects them from liability from Section 1983 claims. But if the plaintiff can show that the defendant did not act in good faith, then any immunity privileges should not apply.¹⁹

7. Statute of limitations for medical neglect of inmate lawsuits in Nevada

Inmates usually have a statute of limitations of two (2) years following the injury to bring a Section 1983 lawsuit in Nevada.²⁰

Injured in California? See our article about suing for medical neglect of inmates in California. 

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