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  1. #1
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    Default Laws for Medical Treatment of an Inmate

    Are there any laws in Florida regarding medical treatment of a state prison inmate?

    My son is very ill and possibly having a reaction to some new medication. The Dr at the prison has told him that if a person is unable to take this particular medication, typically a Dr would run some tests to see what other type of meds they can take. The Dr then told him that they cannot do the tests at the prison, that they will NOT send him to a hospital outside the prison for tests or treatment, and that my son should just expect to die sooner if he cannot take this medication.

    It would seem that there should be some laws, or case law regarding this, if anyone can help with a link to the laws or other assistance, I would greatly appreciate it.

    ETA: I'm very concerned because a few months ago my son had a severe reaction to a sulfa drug, he almost died and even when the medical staff knew that he was having severe breathing problems they would not send him to a hospital (only 3 miles from the prison).

  2. #2
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    Default Re: Laws for Medical Treatment of an Inmate

    Are we talking about a medication that is prescribed in relation to a life-threatening condition, or one prescribed for other purposes (e.g., a psychoactive drug)? Are other treatments, not involving medication available? Are they being offered?

  3. #3
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    Default Re: Laws for Medical Treatment of an Inmate

    Quote Quoting Mr. Knowitall
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    Are we talking about a medication that is prescribed in relation to a life-threatening condition, or one prescribed for other purposes (e.g., a psychoactive drug)? Are other treatments, not involving medication available? Are they being offered?
    Thank you for responding.

    Yes, the meds are for HIV/AIDS. To complicate matters further my son also has aplastic anemia, although he's been in remission for about 12 years. He is also bi-polar and on meds for that.

    He's been HIV positive for about 11 yrs, but his counts were good enough that he's never needed meds. Now his counts are very low so the Dr started him on Atripla, which can have serious side effects including deeper depression and the slight possibilty that it can kick the aplastic anemia out of remission. Dr said that this was the best med, and did not indicate that there is any other treatment available in the prison setting.

    Our main concern is the HIV and the anemia, the bi-polar problem he's learned to deal with with only minimal meds.

    I've heard that there are some specific laws regarding treatment of AIDS patients in general, but I'm not sure what they are, or if they extend to an inmate's rights.

    We just want to know what he, or I can do to enforce his rights to medical treatment for life threatening conditions.

  4. #4
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    Default Re: Laws for Medical Treatment of an Inmate

    Florida's statutes speak generally of medical care, but with no specificity as to this type of situation. Speaking broadly, when a prisoner has a complaint about his treatment, he must first attempt to exhaust his state remedies (administrative and state court appeals) before he can attempt to obtain relief through federal courts; and the standard for getting federal relief can be pretty high (e.g., "deliberate indifference"). It does seem to me, though, that other treatments should be available in prison, even if they may be suboptimal.

    Have you been in touch with any prisoner's rights groups, such as FILS or FJI?
    Florida Institutional Legal Services (FILS) 12921 SW 1st Rd.
    Ste. 107, #346
    Newberry, FL 32669

    (352) 375-2494 phone


    Florida Justice Institute (FJI)
    3750 Bank of America Tower, 100 S.E. 2nd Street
    Miami, FL 33131-2309

    (305) 358-0910 Fax
    (305) 358-2081 phone

  5. #5
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    Default Re: Laws for Medical Treatment of an Inmate

    Quote Quoting Mr. Knowitall
    View Post
    Florida's statutes speak generally of medical care, but with no specificity as to this type of situation. Speaking broadly, when a prisoner has a complaint about his treatment, he must first attempt to exhaust his state remedies (administrative and state court appeals) before he can attempt to obtain relief through federal courts; and the standard for getting federal relief can be pretty high (e.g., "deliberate indifference"). It does seem to me, though, that other treatments should be available in prison, even if they may be suboptimal.

    Have you been in touch with any prisoner's rights groups, such as FILS or FJI?
    Florida Institutional Legal Services (FILS) 12921 SW 1st Rd.
    Ste. 107, #346
    Newberry, FL 32669

    (352) 375-2494 phone


    Florida Justice Institute (FJI)
    3750 Bank of America Tower, 100 S.E. 2nd Street
    Miami, FL 33131-2309

    (305) 358-0910 Fax
    (305) 358-2081 phone

    Thank you very much. This gives me a starting point and hope.

  6. #6
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    Default Re: Laws for Medical Treatment of an Inmate

    Please come back and let us know if the advice given helped. We are hoping for a good outcome for you.

  7. #7
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    Default Re: Laws for Medical Treatment of an Inmate

    Quote Quoting nite_riderusa
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    Please come back and let us know if the advice given helped. We are hoping for a good outcome for you.
    Fortunately things worked out without having to use the resources posted. But, it's good to know where to turn if a problem arises again.

    My son talked to the other Dr at the prison and got things worked out. They are keeping a close eye on him and so far the few side affects haven't lasted long.
    The rest of it is just wait and see if the meds cause any other problems. My son and I thank you for the well wishes.

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