Who is Responsible to Get an Inmate Medical Care

My question involves criminal law for the state of: Pennsylvania

My Questions: I hope I have this in the right thread. Sorry nothing seems to match what I need. =(

I have a family member in jail and he has a broken arm (received 2 surgeries for this injury and is at risk for losing mobility if not given proper treatment.)
Is it the attorney's responsibility to make arrangements for inmate to receive therapy and doctor appointments? If jail or attorney refused to get him treatment what can I do? If lack of medical treatment results in loss of mobility will we have a case against jail/attorney? Treatments that he requires are above what the jail can provide.

I also have a question about workers comp as it relates to this same injury. This injury is workers comp related. Can they cancel W/C because he is in jail? Dr will not release him for work regardless of his location. We have asked the attorney about all these questions and he never answers them. Please help.

I would appreciate any help that can be given. Thank you in advance!
"J"

It’s not up to the attorney to arrange for medical care for the prisoner. The prisoner needs to make those requests himself through whatever process the jail has set up for it. If the jail refuses to provide medically necessary treatment after the prisoner has followed that process then that raises a potential legal issue but whether the lawyer representing him on the criminal charges would handle that depends on the scope of the attorney’s representation of the client.

Thank you for the fast reply. We are gettin alot of different answers so it's more confusing. But I appreciate it greatly and will look into whatever he would need to do. He has already supplied court system with med records and appointment dates. They haven't taken him but did rescheduled them.
"J"

Apparently he has received medical treatment by your own confession. The jail is not going to pay for his next surgery. They are not going to release him without bail. I suggest if he wants to have surgery, he find the means to bail out. He is not eligible to claim wages for time he is in jail for obvious reasons. If he has already been sentenced, he needs to discuss finding a way to pay for special surgery and working out with the jail being guarded at the hospital while the surgery he or WC paid for is done.

He is not requesting a new surgery, we need to have therapy and dr appts to make sure previous surgeries are healing properly! First surgery did not heal correct and second surgery was needed. This happened this summer. He is locked up on bs charges in Dec but I'm not getting into that.
Point is. He has sent in all his paper from doctors and done all his paperwork on his side they still will not take him to Dr's or therapy. He has missed 3 drs appts and 12 therapy appts.
THIS IGNORANCE AND AVOIDANCE WILL CAUSE LOSS OF MOBILTY AND THE POSSIBLITY OF NEW SURGERIES WHEN RELEASED. We want to avoid this! We have never been in this situation. I am asking for help ppl. We are doing everything we are told to and they are refusing to do their jobs! I need to know what legal rights I have before this gets extremely bad.
"J"

Is he locked up serving a sentence or locked up pending trial? If pending trial, does he have bail set? If so, maybe get together enough money to get him bonded out? Could his attorney petition the court for a reduction, if it is too much, for humanitarian reasons? That would be the easiest way to ensure he gets the care he needs.

Pay a therapist to visit the jail and teach him therapy techniques that can be done with items from within the jail. I have been through multiple therapies myself and have also spearheaded additional therapy sessions with family members. He does not need to leave the jail, he just needs the routines and the methods. In fact I designed an exercise chassis for stroke victims to work on regaining the use of their arm and hand, the therapists asked to keep it to use in their practice.

He was sentenced. And it's a long enough sentence that it can cause illreversable damage if proper medical treatment is denied as it is being.

And all his therapy items are at the jail, they will just not ALLOW him to use them. They won't even take him to medical ward to use them during the day. This is why I want to see what legal help I need. We would be content if he could go to dr appts and be permitted to use his own therapy supplies while at jail... however, this isn't happening.

His attorney is worthless. He wont help with paperwork and won't even return calls.

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Quoting QuestioningEverything

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He wont help with paperwork and won't even return calls.

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refuses to do so or refuses to do so without being paid?

How did his arm get broken in the first place? If it was because of his own deviance ie, fight, jailhouse shenanigans... he really is up the creek. The institutions primary responsibility is to house the inmate and accomodate his needs. His arm was repaired. That is what the facility needed to do. If there is a routine that the inmate can do without the assistance of a physical therapist, he may be given a copy of said routine, and instructed to follow it in his cell or in the rec, in order to get himself back to where he was prior to injuring himself.

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Quoting viol8te

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How did his arm get broken in the first place? If it was because of his own deviance ie, fight, jailhouse shenanigans... he really is up the creek. The institutions primary responsibility is to house the inmate and accomodate his needs. His arm was repaired. That is what the facility needed to do. If there is a routine that the inmate can do without the assistance of a physical therapist, he may be given a copy of said routine, and instructed to follow it in his cell or in the rec, in order to get himself back to where he was prior to injuring himself.

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Op already said that it was a worker's comp issue...which means it took place on the job...therefore obviously did not take place while he was in jail. Its important to read the threads thoroughly before you respond.

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Quoting Lehk

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refuses to do so or refuses to do so without being paid?

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Said it is not his concern. And rarely returning calls.. said he will FILE paperwork for a fee..but will not help us get paperwork in order or find out how to get it. Convo with him was "can u help with paperwork ".. reply was " I can file it for $$$$ but that's all I can do. It's up to you to get paperwork together n complete"
we don't even know what all we need.

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Quoting llworking

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Op already said that it was a worker's comp issue...which means it took place on the job...therefore obviously did not take place while he was in jail. Its important to read the threads thoroughly before you respond.

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thanks.

Yes fell 10-12 ft at work, landed on arm. Shattered it.

Right. Here, we have:

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I have a family member in jail and he has a broken arm (received 2 surgeries for this injury and is at risk for losing mobility if not given proper treatment.)
Is it the attorney's responsibility to make arrangements for inmate to receive therapy and doctor appointments? If jail or attorney refused to get him treatment what can I do? If lack of medical treatment results in loss of mobility will we have a case against jail/attorney? Treatments that he requires are above what the jail can provide.

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But here we have...

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He was sentenced. And it's a long enough sentence that it can cause illreversable damage if proper medical treatment is denied as it is being.

And all his therapy items are at the jail, they will just not ALLOW him to use them. They won't even take him to medical ward to use them during the day. This is why I want to see what legal help I need. We would be content if he could go to dr appts and be permitted to use his own therapy supplies while at jail... however, this isn't happening.

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^^^ Those two statements cannot both be true.

Beside that, here's what I'm wondering. His arm has been somewhat fixed - but you need to clarify something for me. What does this "extra treatment" - which is beyond what the jail can do - entail?

Are talking exercises? What? Is it a RECOGNIZED standard treatment?

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Quoting Dogmatique

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Right. Here, we have:



But here we have...



^^^ Those two statements cannot both be true.

Beside that, here's what I'm wondering. His arm has been somewhat fixed - but you need to clarify something for me. What does this "extra treatment" - which is beyond what the jail can do - entail?

Are talking exercises? What? Is it a RECOGNIZED standard treatment?

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Nerve shock treatment
right now our main concern is gettin him to see Dr for follow ups that is where shock treatment is done as well.
He has missed 3 drs. And 12 therapy appts. Dr has even sent over faxes and letters regarding appointments still nothing being done.

You are missing the point. I suggest he pay for a therapist to come to the jail and arrange treatments during visiting hours.

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Quoting Disagreeable

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You are missing the point. I suggest he pay for a therapist to come to the jail and arrange treatments during visiting hours.

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We are looking into that.. they won't supply paperwork needed for permission for it. where else can I get paperwork besides the jail to permit that?
therapist we spoke to say they have to have clearance papers from jail to fill out and return.

If the defendant has been sentenced to jail, then his criminal case is over. Unless he specifically retained his lawyer to represent him in further court proceedings relating to his medical care, his attorney's representation would normally have ended at sentencing.

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Quoting QuestioningEverything

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I also have a question about workers comp as it relates to this same injury. This injury is workers comp related. Can they cancel W/C because he is in jail? Dr will not release him for work regardless of his location. We have asked the attorney about all these questions and he never answers them. Please help.

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Is he in jail because while on company time he did something that was illegal or, is the reason he is in jail not related to the injury while on company time?

Talk to the Sheriff if it is county lockup.

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Quoting Mr. Knowitall

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If the defendant has been sentenced to jail, then his criminal case is over. Unless he specifically retained his lawyer to represent him in further court proceedings relating to his medical care, his attorney's representation would normally have ended at sentencing.

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Thank you.. I did not know that.

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Quoting Who'sThatGuy

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Is he in jail because while on company time he did something that was illegal or, is the reason he is in jail not related to the injury while on company time?

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Injury and jail time are completely unrelated

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Quoting Disagreeable

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Talk to the Sheriff if it is county lockup.

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It is county... Thank you very much!

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I just want to take a minute to thank everyone for all the help. I have been looking into all the information that has been given thru here and while nothing has helped YET I feel that we are at least doing all that we can at this point. Any other information would be greatly appreciated and again Sincerely we all THANK YOU!

as Mr K stated, the lawyer isn't going to do anything because he isn't being paid to do anything. It may be possible to have his treatments provided but it is going to require a lawyer to do something about it given your lack of experience and knowledge in the area.


If these treatments are necessary to prevent further damage, the state may be considered derelict in their duties if they deny him the opportunity to undergo the treatment (and note I said may, not will. There is a lot more to it than just saying he needs the treatment therefor they must give it to him). Depending on a lot of different things, the state many not pick up the tab for the treatments so I hope the means to pay for the treatments is available outside of the state's wallet.

So, to start with, hiring a lawyer to represent him would be the best avenue. The lawyer can review the situation and give you some direction as to whether this treatment is of such nature that the state has to allow him the opportunity to receive it. The lawyer can also tell you if the state can be required to pay for the treatments or if they can refuse.

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Quoting jk

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as Mr K stated, the lawyer isn't going to do anything because he isn't being paid to do anything. It may be possible to have his treatments provided but it is going to require a lawyer to do something about it given your lack of experience and knowledge in the area.


If these treatments are necessary to prevent further damage, the state may be considered derelict in their duties if they deny him the opportunity to undergo the treatment (and note I said may, not will. There is a lot more to it than just saying he needs the treatment therefor they must give it to him). Depending on a lot of different things, the state many not pick up the tab for the treatments so I hope the means to pay for the treatments is available outside of the state's wallet.

So, to start with, hiring a lawyer to represent him would be the best avenue. The lawyer can review the situation and give you some direction as to whether this treatment is of such nature that the state has to allow him the opportunity to receive it. The lawyer can also tell you if the state can be required to pay for the treatments or if they can refuse.

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He was already receiving the treatment before being placed in jail. Has not received them cause jail will not take him to appointments. However, I have some updates to follow.

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We FINALLY got answers from jail and have found out from jail (and a judge) that all paperwork filed will be returned and must be refiled THROUGH attorney. The paperwork is not complete if not done thru attorney.
Once it is done that way he will be taken wherever n whenever he needs.

Again I express my deepest thanks for the help given. I will be closing this thread later today!