NCJ Number
127950
Journal
Journal of the National Prison Project Issue: 15 Dated: (Spring 1988) Pages: 1-7
Date Published
1988
Length
7 pages
Annotation
This discussion of the new litigative focus on health care for women inmates addresses the types of medical-care issues being considered in litigation, the application of legal standards, types of relief rendered, litigation strategy, and suggestions for new directions.
Abstract
Types of medical issues covered in the litigation include mental health care, reproductive health care, prenatal and postpartum care, abortion services, substance abuse care, general medical care, and dental care. Successful eighth amendment challenges (cruel and unusual punishment) require proof of "deliberate indifference" to "serious medical needs." Equal protection challenges require proof that female inmates do not receive the same quality of care delivered to male inmates. Typical remedial orders in successful cases impose on correctional settings the norms and principles of medical care characteristic of noncorrectional settings. Regarding litigation strategies, expert witnesses in the medical field are required to evaluate the inadequacies of a health care delivery system. When confronted by a correctional facility with multiple deficiencies, it is generally more effective and expeditious to present the health care deficiencies in separate litigation. As the incidence of AIDS grows within the female IV drug-using population, the impact on women's prisons will be dramatic. This will put new burdens on inmate health care, and the adequacy of medical delivery systems in meeting this challenge must be monitored for possible remedial litigation. 24 footnotes