CONSTITUTIONAL LIMITATIONS OF PRISONERS' RIGHT TO MEDICAL TREATMENT

• NCJ Number: 12930
• Journal: Mississippi Law Journal Volume: 44 Issue: 3 Dated: (JUNE 1973) Pages: 525-536
• Author(s): J A EPPS
• Date Published: 1973
• Length: 12 pages
• Corporate Author: University of Mississippi
• Publication Format: Article

Annotation

DISCUSSION OF EMERGING CONSTITUTIONAL STANDARDS OF REVIEW UTILIZED BY THE FEDERAL COURTS IN REVIEWING PRISONERS' ALLEGATIONS OF DENIAL OF MEDICAL TREATMENT.

Abstract

COURTS HAVE TRADITIONALLY ADOPTED A 'HANDS-OFF' POSTURE REGARDING INMATE COMPLAINTS OF INADEQUATE MEDICAL CARE. SINCE RELIEF WAS NEVER GRANTED UNLESS MEDICAL ATTENTION WAS COMPLETELY LACKING OR PRISON OFFICIALS REFUSED TO ADMINISTER MEDICAL TREATMENT WHICH HAD BEEN ORDERED BY A PHYSICIAN, IN THE VAST MAJORITY OF CASES WHERE INADEQUATE CARE WAS ALLEGED THE PRISON DOCTOR BECAME THE FINAL ARBITER OF THE DISPUTE. IN RECENT CASES, THE RELIANCE ON THE PRISON DOCTOR AS THE ONLY PERSON WITH SUFFICIENT COMPETENCE TO DETERMINE WHETHER ADEQUATE CARE HAD BEEN GIVEN HAS BEEN REJECTED. THESE CASES HAVE HELD THAT PRISONERS HAVE A CONSTITUTIONAL RIGHT TO ADEQUATE MEDICAL AND DENTAL TREATMENT, AND HAVE ORDERED INDEPENDENT MEDICAL EXAMINIATIONS AND IN SOME INSTANCES, HIRING OF MEDICAL PERSONNEL AND CONSTRUCTION OF NEW FACILITIES.