Medical Care Rights for Inmates in Federal Prison
There are two types of claims for inmates injured in federal prison; a negligence claim, and a civil rights claim.
Before a negligence claim can be filed in court by an inmate in federal prison, it must first be filed as an “administrative claim” with Federal Bureau of Prisons using Government Standard Form 95. The administrative claim must be filed within two years of the incident which caused the injury, or it will be barred by the statute of limitations The administrative claim must include a specific dollar request for damages, as well as all of the facts which support the inmate’s request for compensation. In almost all circumstances, the administrative claim will be denied, after which a prisoner has only six months to file a federal tort lawsuit in federal court. Therefore, it is important to move quickly to contact a skilled attorney as soon as the Bureau of Prisons has denied the claim. If the Bureau of Prisons never responds to the claim, after six months it will be deemed denied, and the inmate then has six months to file his lawsuit. In other words, if the Bureau never responds, a prisoner has only one year from the date of the administrative claim to file a lawsuit, or it it will be forever barred.