NCJ Number
79187
Journal
Journal of Prison Health Volume: 1 Issue: 1 Dated: (Spring/Summer 1981) Pages: 67-84
Date Published
1981
Length
18 pages
Annotation
This article presents an introduction to the developing law for prison health administrators and others who are involved in the delivery of medical care to prisoners in order to assist them in identifying their legal responsibilities.
Abstract
A brief historical review of the development of current case law notes that in 1976, a prisoner's claim of inadequate medical care reached the U.S. Supreme Court as Estelle v. Gamble, in which a Texas prisoner complained that the prison custodial staff and medical director had failed to provide him with adequate care following a back injury. This case established a uniform standard which must now be applied by all courts in dealing with prison medical care claims. However, the standard is a vague one, and its correct application to particular facts is not entirely clear. Important factors that cause variation in decisions are noted, including the skill and thoroughness with which the cases are litigated, the different attitudes of judges, and the type of relief sought. An analysis of current law is applied to five categories of cases: medical examinations of new prisoners upon admission to prison, prisoners' access to medical personnel when needed, the provision of prescribed medical care, the adequacy of the medical staff, and the adequacy of the medical facilities and equipment. It is recommended that the provision of routine admissions examinations, the creation of a mechanism for prompt access to medical care, and the carrying out of orders made by medical personnel will do much to approach the constitutional minimum. Fifteen references are provided.