misstussey42
04-24-2004, 11:22 PM
Some of you I have talked to in the past. My fiancee is in Cummins Unit and is a brittle diabetic. I have posted before about the ongoing battle that he has faced with getting the proper medical attention. He has filed a grievance on his captain for not honoring his medical script. After talking to him today, he is steadily going down hill. I am sending letters to all of the state officials (senators, reps, governor, etc.). I don't know what else to do. I feel helpless and I feel like I am sitting here waiting for the day that they call and tell us that he has gone into a coma or worse. Our loved ones have the right as human beings to come home in the same condition that they went in. I know that praying and hoping are all that I have but, if anyone has any advice at all about anything that I might try or that he might try I would really appreciate it. And thanks to all of you that have been supportive to me. I have come to depend on reading your posts and get comfort in knowing that I am not the only one out there going through this.
wannamae
04-24-2004, 11:47 PM
Little information on the Medical Rights of Prisoners. Link is where I found it.
http://www.aclu.org/Prisons/Prisons.cfm?ID=14377&c=123
Know Your Rights: Medical Care for Prisoners
November 13, 2003
MEDICAL CARE FOR PRISONERS
Prison officials are obligated under the Eighth Amendment to provide prisoners with adequate medical care.[1] This principle applies regardless of whether the medical care is provided by governmental employees or by private medical staff under contract with the government.[2]
"Deliberate indifference to serious medical needs of prisoners constitutes the 'unnecessary and wanton infliction of pain' proscribed by the Eighth Amendment."[3] In order to prevail on a constitutional claim of inadequate medical care, prisoners must show that prison officials were "deliberate[ly] indifferen[t]" to their serious medical needs, i.e., that officials knew of and disregarded a substantial risk of serious harm to the plaintiff's health.[4] A medical need is considered "serious" if it "causes pain, discomfort, or threat to good health."[5] Financial constraints may not be used to justify the creation or perpetuation of Constitutional violations.[6]
Proof of deliberate indifference may be established by direct or by circumstantial evidence. Some of the types of direct evidence prisoners might present are sick call requests for medical attention or records reflecting the date(s) when medical attention was requested, to whom the request(s) were submitted, the medical conditions complained of, the effects of any delay in obtaining access to medical staff, the date(s) when access was provided, specific medical staff seen, treatment provided by particular staff, the nature of follow-up care ordered and whether it was carried out, additional information to indicate the adequacy of treatment, and complaints and formal grievances filed regarding the inadequate care. Prisoners should also try to obtain copies of their medical records to see whether medications were properly prescribed or administered and whether their overall treatment was appropriate or carried out properly.
Proof of prison officials' knowledge of a substantial risk to a prisoner's health can also be inferred from "the very fact that the risk was obvious."[7] This circumstantial proof may be shown by deterioration in prisoners' health such as obvious conditions like sharp weight loss. A prison official cannot "escape liability if the evidence showed that he merely refused to verify underlying facts that he strongly suspected to be true, or declined to confirm inferences of risk that he strongly suspected to exist."[8]
Mental Health and Dental Care
Mental health and dental care of prisoners is governed by the same constitutional standard of deliberate indifference as is medical care.[9]
Last updated 5/02.
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[1]Estelle v. Gamble, 429 U.S. 97, 103 (1976).
[2]West v. Atkins, 487 U.S. 42, 57-58 (1988); Richardson v. McKnight, 521 U.S. 399, 117 S.Ct. 2100 (1997).
[3]Estelle v. Gamble, 429 U.S. at 104.
[4]Farmer v. Brennan, 511 U.S. 825 (1994).
[5]Dean v. Coughlin, 623 F.Supp. 392, 404 (S.D.N.Y. 1985).
[6]Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367, 392-93 (1992); Harris v. Thigpen, 941 F.2d 1495, 1509 (11th Cir. 1991).
[7]Farmer, 511 U.S. at 842.
[8]Farmer, 511 U.S. at 843 n.8.
[9]Hoptowit v. Ray, 682 F.2d 1237, 1253 (9th Cir. 1982)
wannamae
04-25-2004, 12:30 AM
Advocating proper medical care for prisoners in the the United States
http://www.jeffdicks.org/
Jade01
04-25-2004, 01:33 AM
Misstussey, I don't have any kind of information I can give you. But, you know I'm praying for you and your situation. I hope things start to get better, I know how hard this must be on both of you. Wish you the best of luck!!!
countrys_guirl
04-25-2004, 01:51 AM
All I can offer are my thoughts & prayers. I sure hope he gets some answers & some real medical attention. Best of luck to you both!
juliwaits
04-26-2004, 09:19 PM
Have you called IDA, the consituent services officer? Tell her why you're calling, she'll get you in touch with someone. She's good people, I promise. 870-267-6385
misstussey42
04-26-2004, 09:31 PM
Well, I have an update. His captain wrote him up the other morning because he left work and went to the infirmary because he had a lay-in. They said he messed up count. His blood sugar had bottomed out at 50 this time. He didn't know what he was doing. He got his disciplinary note today. He is suppose to go to court tomorrow. We did get in touch with the warden and he called him in and talked to him. Don't know what will happen but maybe some good will come of it. He told the warden that he just wanted to get his sugar regulated so that he could function, do his time and go home. The warden was tough with him but I expect that he is that way with all of them. He didn't promise anything but maybe he will do something to help. I also talked to the medical administrator. He said that he would check in on his case. We have had many people say they will do things or call back and they never do. The warden is the first one to do what he said he would do. He promised he would talk to Terry and he did. If felt good to have someone follow through with their word. But getting in touch with the warden was just God. It was after 5:00 and he answered the phone himself. There is no other answer but God. Thanks all of you for your prayers. I really appreciate them and I am keeping you all in mine. Through God's grace and each others support we will all make it through this.