Family Files Wrongful Death Lawsuit Against Illinois DOC After Death of Inmate
The family of a man who died while in custody has filed a wrongful death lawsuit against the Illinois Department of Corrections. The 51-year-old man died while requesting medical attention for his medical condition. According to the family, the actions of the defendants breached the duty of care the state owes to prisoners in their custody. The family contends that the Illinois Department of Corrections ignored the prisoner’s request for medical attention.
The decedent, who was incarcerated at Statesville Correctional Center, died on June 19 due to bronchial asthma with hypertensive cardiovascular disease and heat stress as “significant contributing conditions,” according to an autopsy report from the Will County Coroner’s Office. The lawsuit has been filed by the decedent’s wife and alleges eight counts against the Illinois Department of Corrections, Wexford Health Sources, Inc (the private health care provider for IDOC) and names individual employees of both entities.
Elements of negligence
According to the lawsuit, there were multiple Eight Amendment violations, including deliberate indifference to the decedent’s medical needs and a failure to intervene to prevent the violation of the decedent’s constitutional rights. The lawsuit contends that the decedent’s injuries were proximately caused by the policies and practices of the defendant, Wexford Health Sources, Inc. Wexford has not commented on the case.
The lawsuit is taking aim at Wexford for providing the incarcerated population unconstitutionally inadequate health care due to policies or widespread practices in IDOC. According to the plaintiffs, this includes:
- Failing to respond or follow up on complaints
- Delays in responding to emerging situations with necessary medical equipment
- Failures to adequately diagnose or treat patients
- Delays in contacting emergency medical services
According to the plaintiffs, “these widespread policies and practices were allowed to flourish because Defendant Wexford, which directs the provision of healthcare services within IDOC, directly encouraged the very type of misconduct at issue in this case.”
The lawsuit also alleges violations of the Americans with Disabilities Act and the Rehabilitation Act for failing to reasonably accommodate the decedent’s disability (asthma). The decedent’s asthma was so severe that he requested a special medical order, called a “low-gallery permit,” to ensure he’d be assigned a cell on a low floor with the cell house. IDOC denied his request and assigned him a cell on the fifth floor, “the highest and hottest gallery” in his housing unit. This was despite the fact that there were empty cells on lower floors.
The IDOC has a duty of care to ensure the well-being of all of its wards regardless of the fact that they are prisoners. When they fail in that duty of care, they can be sued. Most of the lawsuits filed against IDOC and its private health provider are wrongful deaths.
Talk to a Urbana, IL Wrongful Death Attorney Today
Patel Law, PC represents the interests of grieving family members filing wrongful death lawsuits against negligent actors. Call our Urbana personal injury lawyers today to schedule a consultation, and we can begin investigating your case right away.
Source:
news.wttw.com/2024/11/14/wrongful-death-lawsuit-filed-after-michael-broadway-dies-idoc-custody
