Did Police Deny You Medical Care? Your Rights Explained Clearly

Medical Neglect in Police Custody Happens

When you’re in police custody and in pain, nothing feels more terrifying than being ignored. If officers refused to call a medic, dismissed your injuries, or mocked your pain, you’re probably still shaken up. Maybe you were in handcuffs. Maybe you asked for help and heard silence. That kind of experience stays with people.

This isn’t rare. It happens across New York State in jails, during bookings, and even out on the street after arrests. If it happened to you or someone you love, it’s important to understand your rights. You’re not powerless. You’re not alone. This article breaks down what those rights are and what steps you can take if you were denied medical care while in the custody of New York police or jail officials.

Our Firm Understands What You’re Facing

The attorneys at Horn Wright, LLP, represent individuals across New York State who’ve been harmed by police misconduct, including those denied necessary medical care. We understand how isolating and confusing this process can feel. Our team works with clients to uncover the truth, secure medical records, and pursue civil rights claims when officers or jail staff fail to act. If you're ready to explore your legal options, we’re here to help you understand your rights and guide you through each step.

Your Right to Medical Attention After an Arrest in New York

Under both federal and state law, if you’re arrested in New York, you have the right to receive medical care for injuries or health emergencies. This doesn’t depend on whether you’ve been charged or convicted. From the moment you’re in custody, police are legally responsible for your well-being.

That includes:

• Immediate care for injuries caused during arrest
• Access to medications for chronic conditions like diabetes, asthma, or epilepsy
• Emergency attention if your symptoms worsen or become life-threatening
• Mental health support, especially during crisis events

Agencies like the NYPD, Albany County Sheriff's Office, and departments in towns like Newburgh or Utica must follow these standards. So do jails, including Rikers Island, Onondaga County Justice Center, and the Erie County Holding Center. No one held in custody should be left to suffer without basic medical attention.

What Denial of Medical Care Looks Like in a New York Arrest

People expect obvious neglect to look like blood on the floor or broken bones ignored. But it’s often more subtle and more routine. Denial can take many forms, and many victims don’t realize it was illegal until much later.

Situations that may count as denial of care:

• An officer ignores repeated requests for an inhaler during a panic attack
• A diabetic is denied insulin overnight at the Buffalo Holding Center
• EMS is called, but not until hours after someone complains of severe chest pain
• A person who hits their head in a squad car is told to “walk it off”
• Jail staff in Suffolk County don’t send someone to a nurse until visible infections appear
• Officers assume a person detoxing is faking it and refuse hospital transport

These are examples of serious failures that can lead to long-term harm.

Why Some Officers Deny Care, and Why That Doesn’t Excuse It

There’s no valid reason for withholding medical attention from someone in distress. But it’s worth understanding why it happens so often. In many cases, officers:

• Misinterpret symptoms as fake or exaggerated
• Don’t believe someone has a medical condition unless it’s visible
• Lack training in mental health and drug withdrawal
• Prioritize processing or jail intake over medical screening
• Downplay risk to avoid calling EMS or transporting to hospitals

Even if an officer thinks someone isn’t in danger, that doesn’t remove their legal duty to act. Whether in Schenectady, Harlem, or Yonkers, every officer in New York must treat medical needs seriously once someone is in custody. Failing to do so is a violation of rights.

The Legal Framework: What New York Law and Federal Law Say

Your right to medical care in custody is backed by both federal constitutional law and New York statutes. Here's what that means:

• The Eighth Amendment protects people who’ve been convicted and are serving sentences. Denying care can be considered “cruel and unusual punishment.”
• The Fourteenth Amendment protects people who haven’t yet been convicted. This includes anyone arrested, booked, or held pretrial in Rikers, Monroe County Jail, or any other New York detention center.
• Under 42 U.S.C. § 1983, you can file a civil lawsuit if a police officer or jail staff member violates your constitutional rights.
• Although New York Civil Rights Law § 50-a once limited access to officer records, it was repealed. Now, misconduct history can be requested in court.

Local courts in the Southern District of New York (covering areas like Manhattan, Westchester, and Rockland) and the Eastern District (covering Brooklyn, Queens, and Long Island) handle many of these federal civil rights claims.

Medical Neglect and Civil Rights: When It Becomes a Lawsuit

If a police officer or jail staffer acted with deliberate indifference to your medical needs, and you suffered harm, you may have grounds for a lawsuit. That legal phrase means they knew you needed help, but didn’t act.

A strong civil rights case often includes:

• Evidence that you requested care and were ignored or delayed
• Medical records showing your condition worsened
• Witness statements or video footage from arrest or jail intake
• A clear timeline linking custody to the medical issue

In New York, civil rights lawsuits can lead to compensation for:

• Physical pain and emotional distress
• Hospital and follow-up medical bills
• Long-term health effects caused by delays
• Punitive damages in serious cases

If you’re wondering what counts as police misconduct, denial of medical care is one of the clearest examples under federal law.

What You Should Do If You Were Denied Medical Care

The most important thing you can do is take action quickly. Medical evidence disappears. Memories fade. If you or a loved one experienced denial of medical care during or after an arrest in New York, here’s how to start documenting what happened:

• Photograph visible injuries as soon as possible
• Request medical records from hospitals like Bellevue or Strong Memorial
• Keep a detailed written timeline of your symptoms and interactions with officers
• Ask jail or precinct staff for written incident reports
• File a complaint with the New York Civil Liberties Union (NYCLU) or Internal Affairs
• Speak with an attorney who handles civil rights litigation in New York

If the person is still in jail, family members can often help gather records and get legal advice on their behalf.

Real Risks of Doing Nothing in New York

Some people stay quiet. They try to forget it happened. But ignoring what you went through can carry serious consequences.

In New York:

• Hospitals like Kings County, Mount Sinai, or Erie County Medical Center often purge records quickly
• Failing to file a complaint or get treatment documented weakens a future legal case
• Injuries that go untreated, like head trauma, infections, or internal bleeding, can worsen and lead to lifelong health problems
• Without action, officers or departments involved may continue to deny care to others

Taking even small steps now can protect your health, your future, and others who come after you.

How New York Jails and Police Departments Should Respond

Every police department and jail in New York is supposed to have clear procedures for medical emergencies. These policies are not optional. They exist to prevent deaths, lawsuits, and repeat incidents.

When someone in custody shows signs of distress, law enforcement should:

• Call EMS immediately
• Ensure medical staff conduct a proper screening during jail intake
• Document any injuries or symptoms clearly in arrest reports
• Monitor people with chronic or mental health conditions
• Inform family if someone is hospitalized while in custody

Agencies that don’t follow these procedures, whether it’s the Rensselaer County Jail or the NYPD 75th Precinct, can be held legally and financially accountable.

You Deserve Answers and Medical Care

No one arrested in New York should be left suffering while officers look the other way. Whether you were ignored, mocked, or simply left untreated, your experience matters. When police deny you the care you clearly need, that’s a civil rights violation. The next steps are yours to take, and the sooner you act, the more control you gain over what comes next.

If you or someone close to you was denied medical care while in police custody anywhere in New York, you may have grounds for legal action. The attorneys at Horn Wright, LLP, are experienced in handling civil rights cases involving police and jail misconduct. We work to uncover the truth, protect your health, and fight for accountability. 

Whether you were held in Manhattan, Rochester, the Bronx, or a smaller upstate town, our team is here to support you through every step of the process. Let us help you seek justice and move forward with strength.