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Deliberate Indifference

Raleigh Lawyer Aids Prisoners Harmed by Deliberate Indifference

North Carolina firm fights to hold officers accountable for their inaction

People who are incarcerated rely on law enforcement officers to address their medical needs promptly. Though protection from cruel and unusual punishment is enshrined in the Bill of Rights, many prisoners have suffered permanent physical damage, and even death, because of conscious inaction from corrections and police personnel. My Raleigh firm, the Law Office of Gregory Kash, aggressively pursues justice for the victims of deliberate indifference. These cases are not simple personal injury or wrongful death claims, but complex cases that are usually highly contested by government authorities. With more than 25 years of experience, I know how to defeat powerful adversaries and deliver comprehensive legal support to clients even if it takes a long time to achieve a proper resolution.

Tenacious attorney represents victims of deliberate indifference

Proving that someone failed to do something can be hard. My background in civil rights actions in state and federal court helps clients make the strongest possible case that the following legal elements of deliberate indifference exist:

  • Knowledge of risk — I perform a thorough review of medical and factual evidence to develop a complete narrative as to what happened. This is necessary to show that the person or people responsible for the safety of the incarcerated individual knew that a health risk existed.
  • Conscious or reckless disregard — Unlike other types of claims, a deliberate indifference plaintiff must prove more than carelessness on a defendant’s part to establish liability. An officer must have consciously refused to obtain needed medical treatment or shown a reckless disregard for the prisoner’s well-being.
  • Damages — Another defense often used in these matters is that the victim’s condition was already so bad that the failure to find treatment did not cause any additional harm. I will bring in medical experts and other professionals to prove specifically how the deliberate indifference affected the victim.

If you have been deprived of your constitutional guarantee of receiving necessary and appropriate medical care while incarcerated, you have a right to seek legal help, but getting information out of prison facilities and police departments can be extremely difficult. That is why you need an attorney with experience in these types of actions to investigate what occurred. Even if you’re unsure whether deliberate indifference made your medical condition worse, my firm offers a free initial consultation to assess whether a claim exists.

Contact an accomplished North Carolina civil rights attorney for a free consultation

The Law Office of Gregory Kash represents North Carolina clients in deliberate indifference claims and other cases involving injuries that occur during encounters with law enforcement. Please call 919-916-1856 or contact me online for a free consultation. My office is in downtown Raleigh.

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  • Raleigh Office
    434 Fayetteville Street
    Suite 1640, Two Hannover Square
    Raleigh, North Carolina 27601
    Phone: 919-861-2006
    Fax: 919-831-8898