In an era where discussions about healthcare access and quality dominate public discourse, it’s essential not to overlook the unique challenges faced by those who are incarcerated. Prison medical care is a critical topic at the intersection of criminal justice and healthcare, deserving a closer examination. In this blog post, we’ll delve into why prisoners are entitled to healthcare, the impact of privatization on prisoner healthcare, and what individuals can do when they receive subpar medical attention behind bars.
Why are Prisoners Entitled to Healthcare?
The provision of medical care to prisoners is not just a matter of compassion; it’s a fundamental human right protected by national and international law. Here are some reasons why prisoners are entitled to medical care:
a. Constitutional Rights: The Eighth Amendment to the United States Constitution prohibits “cruel and unusual” punishment. Courts have consistently ruled that this includes the denial of adequate medical care to prisoners. A prisoner advancing such a claim must, at a minimum, allege “deliberate indifference” to his “serious” medical needs. Estelle v. Gamble, 97 S.Ct. 285 (1976).
b. Human Rights Standards: International human rights standards, including the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules), emphasize the importance of providing healthcare services to incarcerated individuals. These rules establish the minimum standards for the treatment of prisoners worldwide.
c. Public Health and Safety: Ensuring prisoners have access to healthcare is not only a matter of protecting their individual rights but also a matter of public health and safety. Infectious diseases, mental health issues, and chronic conditions can spread within correctional facilities and, if left untreated, can re-enter society when prisoners are released or through transference into communities by prison staff.
d. Rehabilitation: Many prisoners will eventually rejoin society. Access to medical care is crucial for their rehabilitation and reintegration into the community. Healthy individuals are more likely to successfully reintegrate and less likely to reoffend.
The Impact of Privatization of Prisoner Medical Care
While the entitlement of medical care for prisoners is clear, the provision of this care has evolved in recent decades, and the privatization of prisoner healthcare has played a significant role in shaping this landscape. Here’s how the privatization of prisoner medical care is impacting healthcare in the prison system:
a. Profit Motive: Private companies that manage healthcare services in prison often prioritize profit over the well-being of prisoners. This profit motive can lead to cost-cutting measures, including limiting medical services, reducing staff, and providing substandard care to maximize financial gains.
b. Lack of Accountability: Privatization can complicate accountability in the provision of prisoner healthcare. Private companies may be less transparent than government agencies, making it harder to monitor and hold them accountable for inadequate care or medical negligence.
c. Incentives for Cost Reduction: Private companies may have financial incentives to minimize healthcare costs within prisons, leading to the neglect of necessary treatments, medications, or timely access to healthcare services.
d. Litigation and Legal Battles: Privatized prison healthcare has been associated with numerous legal challenges and lawsuits. Inadequate medical care provided by private companies can result in prisoners suffering unnecessarily, prompting legal action and further straining the justice system.
What to Do When Prison Medical Care is Subpar
If you or a loved one encounters subpar medical care while incarcerated, it is essential to take action. Here are steps to consider:
a. Document Everything: Keep detailed records of your medical treatment, including dates, symptoms, medications, and interactions with healthcare staff. These records can be crucial in demonstrating the inadequacy of care later on.
b. Utilize the Grievance Process: Most correctional facilities have a formal grievance process for prisoners to voice concerns about various issues, including medical care. Follow this process by submitting written complaints, documenting each step.
c. Seek Legal Assistance: If your grievances are not actually addressed, consider seeking legal assistance. Legal advocacy groups specializing in prisoner rights and healthcare can help you navigate the legal avenues available to you.
d. Contact External Agencies: In some cases, reaching out to external agencies, such as state or federal departments of corrections, ombudsman, or human rights organizations, can shed light on the issues you’re facing and put pressure on the system to improve healthcare conditions.
e. Advocate for Policy Change: Engage with advocacy groups and participate in efforts to reform the privatization of prisoner medical care. Policy changes at the legislative level can have a long-lasting impact on improving healthcare within the prison system.
f. File a Section 1983 lawsuit alleging an Eighth Amendment constitutional violation. To be successful, the prisoner must prove both prongs of the deliberate indifference standard.
My Final Thoughts
In conclusion, prison medical care is a critical issue at the intersection of justice and healthcare. Understanding why prisoners are entitled to medical care, the impact of privatization on their healthcare, and the steps to take when care is subpar is essential for ensuring the well-being and human rights of incarcerated individuals. By advocating for improvements, in prisoner healthcare, we can contribute to a more just and compassionate criminal justice system.
If you have a friend or loved one that’s pursuing, or wanting to file, a Section 1983 civil rights lawsuit related to prison medical care, consider purchasing our book, The Colossal Book of Civil Citations. This one book contains all the information necessary to successfully litigate an inmate’s 42 U.S.C. §1983 healthcare or conditions of confinement lawsuit.