What can I do about my daughter's inadequate medical care in prison?

Full question:

My daughter has been serving time at Ford Co. KS then Topeka prison and now back at Ford Co. She had an abnormal pap smear the first time she was in Ford Co. detention nothing was done about it even though she was bleeding all the time. At the state prison she started all over with the tests and was diagnosed with stage 3c ovarian, uterine and cervical cancer. The cancer Dr. in Topeka set up a date for surgery following chemo to contain the cancer so she could have the surgery after her blood count came up enough to do it. The state had made an appointment at the Cancer Center in Ford County that they did NOT take her to. The quack dr. the jail has is only there on Tuesday said the only records he has is the abnormal pap and thyroid records. He only asked for a blood test for her thyroid. He stated that they wouldn't take her to a doctor unless he ordered it. She is yellow! Her kidneys seem to be shutting down and that doctor told her she would be okay if she just stopped taking Tylenol. This is a life or death matter! What can I do? She will be out in March.

  • Category: Criminal
  • Subcategory: Inmates
  • Date:
  • State: Kansas

Answer:

Prisoners are entitled to adequate medical treatment. A prison official's refusal to provide medical care to a seriously ill inmate can violate the Eighth Amendment's prohibition against cruel and unusual punishment (Estelle v. Gamble, 429 U.S. 97, 97 S. Ct. 285, 50 L. Ed. 2d 251 [1976]). If treatment is not cruelly withheld or intentionally mismanaged but is inept, prisoners can sue physicians in state courts for medical malpractice.

To prevail on a claim of inadequate medical care, prisoners must show that officials acted with "deliberate indifference to serious medical needs." This means that officials recklessly disregarded a substantial risk of harm. The standard is higher than negligence and requires that the official knows of and disregards an excessive risk to the prisoner's health.

Proof of deliberate indifference can be shown through circumstantial evidence, such as deterioration in health or obvious conditions like significant weight loss. Officials cannot escape liability if they refuse to verify facts they suspect to be true or decline to confirm inferences of risk they suspect exist.

In Kansas, an incarcerated person retains rights to adequate medical care (Levier v. State, 209 Kan. 442, 448, 497 P.2d 265 [1972]). The Eighth Amendment prohibits cruel and unusual punishments, which includes the denial of necessary medical care. Deliberate indifference involves both an objective and subjective component: the medical need must be serious, and the official must know of and disregard the risk.

A difference of opinion between a prisoner and medical staff regarding treatment does not typically support a claim of cruel and unusual punishment. If the state provides reasonably adequate medical care, it generally meets its obligations under the Eighth Amendment.

Given your daughter's serious condition, it is crucial to document all medical complaints and treatment received. If necessary, consider filing a formal grievance regarding her medical care, as this may help establish a record of her needs and the responses from prison officials.

For further assistance, you may want to consult with a legal professional who specializes in prisoners' rights or medical malpractice.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Prisoners have the right to adequate medical care under the Eighth Amendment, which prohibits cruel and unusual punishment. This means that prison officials must not be deliberately indifferent to serious medical needs. If a prisoner is seriously ill, they must receive appropriate treatment, and failure to do so can lead to legal consequences for the prison. In Kansas, this right is reinforced by case law, ensuring that inmates receive necessary medical attention.

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