Introduction
In the late 60s and 70s, prisoners filed lawsuits claiming that their 8 th Amendment rights to “protection from cruel and unusual punishment” were being violated. It highlighted the sorry state of healthcare in prisons across states in the whole of the US. Unlicensed medical sham convicts were being used to diagnose and treat the others. Correctional officers were also preventing prisoners from attending sick calls as well as mental health care despite a larger percentage having mental health problems. In a case between Estelle & Gamble, it was held that “all convicts have a right to adequate while incarcerated, and evidence of state prison officials ‘deliberate indifference’ to a prisoner’s serious medical needs constitutes a violation of the cruel and unusual punishment clause of the 8 th Amendment.“ Medical care should be provided by qualified and licensed medical professionals (Manville, 2003). This study will focus on the medical treatment of incarcerated inmates and factors to consider when treating them.
What Constitutes as a Serious Medical Need
A serious medical need is any condition that would compel a layperson to rush a person to a hospital or call 911, for instance, when a person is found unconscious, unresponsive, has a stab wound, broken bone, having difficulties breathing, or when someone suddenly is unable to walk. Furthermore, serious medical need can also be diagnosed by a qualified and competent physician. In such cases, the concerned prisoner can only be well if they receive immediate medical attention.
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How Prison Officials Determine whether an Inmate has a Serious Medical need
Prison officials can ascertain the need for medical attention in two ways. First, when a person is injured or portraying unusual behavior that indicates he or she is in distress or fails to perform their daily activities effectively. For instance, a person having a heart attack or seizures should be rushed to the hospital quickly to prevent probable death. Second, prison officers can ascertain if the inmate needs medical attention through an assessment by a qualified and licensed medical professional (Manville, 2003).
Factors to be considered when Treating Inmates for Medical Conditions
According to the American Bar Association (2010), numerous standards need to be followed when treating prisoners. Part 6 focuses on the healthcare of prisoners and the factors that should be considered when treating them. First, correctional authorities are obligated to provide qualified health care to all facilities. Furthermore, prisoners have a right to routine, preventive, urgent, and emergency care. Medical care should be commensurate to the society's healthcare standards. Healthcare protocols are also employed when necessary to assist female prisoners, those with mental or physical disabilities, those under the age of 18, and geriatric patients (American Bar Association, 2010).
Second, prisoners should not be charged any fees to receive healthcare. They should be treated in a clean and safe environment equipped for proper diagnosis. Expectant prisoners, those with communicable diseases and inmates with mental disorders should be given specialized treatment at all times. Third, voluntary and informed consent to treatment is imperative. Correctional officers should have a policy in place that offers inmates voluntary and informed before receiving treatment. If the person refuses treatment or is unable to make a decision, a surrogate should assist. Prisoners have the right to discuss their care options with qualified professionals (American Bar Association, 2010).
Two Examples of Prisoner Treatment: One successful Treatment, and one Unsuccessful Treatment concerning Prisoner Safety.
According to the National Institute of Justice (2011), a study designed to reduce drugs and substance abuse among prisoners was undertaken. Its objective was to improve individuals’ desire to change. The study employed motivational interviewing that targeted individuals who depicted more anger and were less motivated. The process was client-centered, and the method focused on catalyzing an individual’s desire to change. Those in the treatment reduced the rate of substance abuse significantly than those who were not part of the group. The abuse of drugs is critical to the safety and wellbeing of their health.
A study by Reichert & Ruzich (2012) shows the failures in the criminal justice systems. The state initiated a program called the Sheridan that was designed to provide in-patient substance abuse treatment and the same treatment after release. 90% of the younger people relapsed more quickly to drugs and engaged in criminal activities that could get them killed (safety issues) or sent back to prison.
Conclusion
The study focused on analyzing the prisoners' rights to professional medical care. It established that all prisoners have a right to quality, free medical attention provided by a qualified and licensed medical professional. The correctional officers are obligated to offer serious medical care for an inmate who needs it and is recommended by a physician. Even when undergoing treatment, they should be assisted just like the way a civilian would receive the treatment without violating their rights. Nonetheless, treating an inmate could either lead to failure or success of the program so therapists should do the best they can to help them.
References
American Bar Association. (2010). Standards of treatment of Prisoners . Retrieved from https://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_treatmentprisoners.html#23-6.1
Manville. (2003, May 15). Federal Legal Standards for Prison Medical Care. Prison Medical News . Retrieved from https://www.prisonlegalnews.org/news/2003/may/15/federal-legal-standards-for-prison-medical-care/
National Institute of Justice. (2011). Correction & Reentry: Inmate Programs and Treatment . Retrieved from https://www.crimesolutions.gov/TopicDetails.aspx?ID=31
Reichert, J., & Ruzich, D. (2012).Community reentry after prison drug treatment: Learning from Sheridan Therapeutic Community Program participants. Illinois Criminal Justice Information Authority. Retrieved from https://www.westcare.com/pdf/reo/REO_WCIL_reentry_2012jan.pdf
