7.17 Eighth and Fourteenth Amendments: Failure to Provide Medical Attention - Elements

• Category: Federal - Jury Instructions - 7th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-7THCIR-7-17
• Format: Word

Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 7.17 Eighth and Fourteenth Amendments: Failure to Provide Medical Attention — Elements is a legal concept that refers to the constitutional violations of the 8th and 14th Amendments when an individual is denied medical care. This is typically brought up in cases of custodial negligence, where a person in the custody of the government is denied medical attention for a serious medical condition. The elements of this type of claim include the following: 1. Custodial relationship: The individual must be in the custody of the government, either directly or indirectly, in order for the claim to be valid. 2. Serious medical condition: The individual must be suffering from a serious medical condition that requires medical attention. 3. Deliberate indifference: The government must have demonstrated a deliberate indifference to the individual's medical needs. This can be shown through the government's failure to provide adequate medical care or their failure to respond to requests for medical attention. 4. Injury or harm: As a result of the government's indifference, the individual must have suffered some injury or harm. This can be physical, mental, or emotional.

7.17 Eighth and Fourteenth Amendments: Failure to Provide Medical Attention — Elements is a legal concept that refers to the constitutional violations of the 8th and 14th Amendments when an individual is denied medical care. This is typically brought up in cases of custodial negligence, where a person in the custody of the government is denied medical attention for a serious medical condition. The elements of this type of claim include the following: 1. Custodial relationship: The individual must be in the custody of the government, either directly or indirectly, in order for the claim to be valid. 2. Serious medical condition: The individual must be suffering from a serious medical condition that requires medical attention. 3. Deliberate indifference: The government must have demonstrated a deliberate indifference to the individual's medical needs. This can be shown through the government's failure to provide adequate medical care or their failure to respond to requests for medical attention. 4. Injury or harm: As a result of the government's indifference, the individual must have suffered some injury or harm. This can be physical, mental, or emotional.