NCJ Number
86048
Journal
Journal of Offender Counseling Services and Rehabilitation Volume: 6 Issue: 1 and 2 Dated: (Fall/Winter 1981) Pages: 5-19
Date Published
1982
Length
15 pages
Annotation
This article addresses the rights of inmates to health care and the courts' interpretation of the responsibility of the States in this matter.
Abstract
In general, inmates' living conditions and health care are inadequate by even minimal standards of a civilized society. Although Federal courts still defer to the judgment of prison authorities on matters of prison administration, they no longer abstain from hearing inmate complaints about allegedly unconstitutional conditions. Inmates have made use of two procedures in State courts to obtain relief for medical mistreatment and unconstitutional conditions. The first is the traditional suit in tort for personal injury. The second method is to seek injunctive relief for continuing wrongs, primarily through use of the writ of habeas corpus. In the matter of health care specifically, the courts have ruled that the State assumes the responsibility for the safekeeping of individuals it has incarcerated, and that part of the safekeeping includes the provision of medical and dental care. In several cases, the courts have ruled that lack of funds was not an acceptable defense for not providing inmate treatment. Several problems related to the availability and quality of medical care within prisons and jails include malpractice, privacy, and establishment of minimum health care standards for correctional facilities. Eight reference notes and a list of relevant cases are provided.