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  1. #1
    Join Date
    Jan 2012
    Posts
    2

    Default Inmate Without Medicine

    My question involves civil rights in the State of: TEXAS


    WHAT HAPPENS WHEN AN INMATE HAS DIABETES AND HE NEEDS INSULIN, AND THEIR GIVING HIM A DIFFERENT MEDICINE, OR NOT MAKING SURE HE GETS HIS MEDICINE AT ALL. WHO IS RESPONSIBLE FOR MAKING SURE INMATES GET THEIR MEDS. FOR A PERSON WITH DIABETES IS OKAY FOR THEM TO GO A DAY OR TWO WITHOUT THEIR INSULIN.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Inmate Without Medicine

    Please stop shouting, it is rude. Whether you need insulin is up to the doctor in charge at the jail. Many times, diabetes can be managed by a balanced diet. Whether you need insulin or not, is for the doctor to decide.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Inmate Without Medicine

    No, it isn't ok for a diabetic to go a couple days without insulin. What different med are they giving him?

  4. #4
    Join Date
    Jan 2012
    Posts
    2

    Default Re: Inmate Without Medicine

    I'm not sure, he didn't say.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Inmate Without Medicine

    Quote Quoting TJACKSON
    View Post
    I'm not sure, he didn't say.
    So maybe its insulin?

  6. #6
    Join Date
    Feb 2012
    Location
    Iowa
    Posts
    31

    Default Re: Inmate Without Medicine

    Hi, Tjackson

    The answer to your questions is if an inmate has any medical condition and is being bared in anyway from receiving their medication, they could fall ill or even die from malpractice of medical care. In most jails/prisons there are nurses, and sometimes doctors who are in charge of the prescriptions therefore I would be questioning the person in the facility charged with dispensing the medications on this issue. Is it a civil rights violation, yes, because the Constitution guarantees people the right to life, this applies as well to inmates, and when an inmate is in the care of the state the state has the responsibility to not only provide basic needs, but also not bar access to life saving medications.

    Three suggestions for this dillema

    1. The inmates doctor (outside of the jail/prison) should be immediately notified of the situation
    2. An attorney for the inmate should be notified
    3. Each state has laws or what is sometimes called rules, of administration, within those laws will be standard of care for jails and prisons look within these laws, you should find information relating to acceptable and unacceptable medical treatment in your state, here you may find further legal grounds for action in the event the facility is violating the law.

    If all else fails

    1: A person may file a write of habeas corpus to have their family member released if the court feels that the life of the inmate is in jeapardy in the facility the judge MAY, rule to release the inmate from custody.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Inmate Without Medicine

    The issues can vary a bit by whether this is jail or prison, as it's generally more feasible for a jail to accept an inmate's medications if brought in by a family member whereas a prison is more apt to want its own medical staff to be responsible for medication and care. Policies can vary by jail, and do vary by state.

    It appears that in this case the inmate told his jailers that he's diabetic and requires insulin, they had the inmate evaluated by their own medical staff, and their own medical staff determined that his condition could be managed with a different medication. At this point we don't know what that medication is, let alone whether the inmates diabetes is being effectively managed. If the current treatment is working, this is not an issue.

    It may also be that the prison doctor substituted a treatment that is sufficient (the unknown medication) for a treatment that is optimal (injected insulin) out of concerns for safety and security. Syringes pose a potential security threat, and the jail or prison may not have a sufficient medical staff to administer insulin in a sufficiently secure environment such that the medication is deemed a more appropriate treatment for the safety of staff and of other prisoners. But again, we have no details.

    If the inmate cannot get adequate medical treatment for his condition, there is likely an administrative appeal he can take - but again that will vary depending on whether we're talking jail or prison and, if jail, the county at issue. Given how little you know, and thus how little you can tell us, your best bet is to help the inmate discuss the details of his situation and possible remedies with a lawyer.

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