Deadly Trap for the Unwary: Deprivation of Prisoners' Rights to Their Health Information
Deprivation of health information can have palpable, catastrophic consequences, especially when an inmate has objectively serious condition that is being ignored by the prison officials—which, by definition, is always the case when an inmate has a meritorious Eighth Amendment claim.
April 27, 2022 at 10:00 AM
7 minute read
Denial of medical care to an inmate is cruel and unusual punishment that is expressly prohibited by the Eighth Amendment to the U.S. Constitution. In a seminal case Estelle v. Gamble, 429 U.S. 97 (1976), the U.S. Supreme Court ruled that a prisoner can successfully state a claim for cruel and unusual punishment based on inadequate medical care by alleging an objectively serious medical condition and a prison official's deliberate indifference to that condition. Following this landmark decision, many prisoners including some of our clients have successfully pursued an Eighth Amendment claim alleging correctional officers' reckless disregard of prisoners' objectively serious and progressively worsening medical complaints. However, one aspect of prison medical care that has not been addressed much in judicial decisions is prisoners' rights to their own health information and rights in medical decision-making.
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