NCJ Number
44721
Journal
Virginia Law Review Volume: 63 Issue: 6 Dated: (OCTOBER 1977) Pages: 921-973
Date Published
1977
Length
53 pages
Annotation
THE EFFECTS OF THE PRISON HEALTH CARE SYSTEM ON INMATES ARE EXAMINED, AND FACTORS IN THE DEVELOPMENT OF JUDICIAL STANDARDS CONCERNING PRISON HEALTH CARE ARE DISCUSSED.
Abstract
PROBLEMS IN PRISON HEALTH CARE INCLUDE THE LACK OF ALTERNATIVE SOURCES OF CARE, THE CONTROL OF ALL ASPECTS OF LIFE BY CORRECTIONAL PERSONNEL WHOSE PRIMARY INTERESTS AND GOALS ARE OTHER THAN HEALTH CARE, AND THE UNUSUALLY EXTENSIVE USE OF MEDICAL SERVICES BY INMATES. DENIAL OF ACCESS TO MEDICAL PERSONNEL OR CARE; DENIAL OF PRESCRIBED TREATMENT; AND WORK, HOUSING, OR OTHER CORRECTIONAL REQUIREMENTS THAT AGGRAVATE OR PREVENT TREATMENT OF PHYSICAL AILMENTS ARE THE PRIMARY EFFECTS OF THE PRISON HEALTH CARE SYSTEM ON INMATES. THERE IS A NEED TO DEVELOP CONSTITUTIONAL STANDARDS THAT ADDRESS THE SPECIAL PROBLEMS OF HEALTH CARE DELIVERY AND THE PARTICULAR DEPRIVATION FOSTERED BY INCARCERATION, YET LIMIT JUDICIAL INTRUSION INTO PRISON ADMINISTRATION TO THE EXTENT NECESSARY TO ENSURE ACCESS TO AND DELIVERY OF ADEQUATE MEDICAL CARE. IN CONSIDERING CONSTITUTIONAL ISSUES IN PRISON HEALTH CARE, FEDERAL COURTS MUST REMAIN COGNIZANT OF THE DISTINCTION BETWEEN THOSE ASPECTS OF HEALTH CARE DELIVERY WHICH ARE CONSEQUENCES OF INCARCERATION AND THOSE WHICH ARE PART OF THE ORDINARY PHYSICIAN-PATIENT RELATIONSHIP. REFERENCES TO PERTINENT COURT CASES ARE INCLUDED.