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  1. #1

    Unhappy 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"

  2. #2
    Join Date
    Oct 2014
    Posts
    7,305

    Default Re: Is Attorney Responsible for Getting Client Medical Treatments While in Jail

    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.

  3. #3

    Default Re: Is Attorney Responsible for Getting Client Medical Treatments While in Jail

    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"

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Who is Responsible to Get an Inmate Medical Care

    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.

  5. #5

    Default Re: Who is Responsible to Get an Inmate Medical Care

    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"

  6. #6
    Join Date
    Jul 2010
    Posts
    7,606

    Default Re: Who is Responsible to Get an Inmate Medical Care

    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.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
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    17,019

    Default Re: Who is Responsible to Get an Inmate Medical Care

    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.

  8. #8

    Default Re: Who is Responsible to Get an Inmate Medical Care

    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.

  9. #9
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: Who is Responsible to Get an Inmate Medical Care

    Quote Quoting QuestioningEverything
    View Post
    He wont help with paperwork and won't even return calls.
    refuses to do so or refuses to do so without being paid?

  10. #10
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Who is Responsible to Get an Inmate Medical Care

    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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