Question regarding prisoners' right to refuse meds

Specialties Correctional

Published

Just a quick question--is it true that prisoners, whether in prisons or jails, do NOT have the same right to refuse meds or treatments that inpatients (non-incarcerated, everyday patients) have? I have heard this, but can't find any literature to cite.

I do know that my brother in law, very elderly, had a stroke while in prison. He was allowed to go home to be cared for by his wife. He was paralyzed and bedridden; could not speak or walk. Howver, he refused his meds, and his wife mentioned this when a follow-up call was made to their home to see how he was doing. Back to prison he went, in an unmarked car, accompanied by big, armed men who appeared to be bounty hunters. Kind of scary!

Thank you, all!

Specializes in Behavioral, correctional, med surg.

Brickman, I think you are right. Many times medications or certain treatments are part of a parole or probation agreement.

My experience is that inmates do have the right to refuse. If they are incompetent to make their own medical decisions, we get a court order for forced medications if their refusal will lead to harm or death.

Specializes in Behavioral, correctional, med surg.

Brickman, I think you are right. Many times medications or certain treatments are part of a parole or probation agreement.

My experience is that inmates do have the right to refuse. If they are incompetent to make their own medical decisions, we get a court order for forced medications if their refusal will lead to harm or death.

Brickman, I think you are right. Many times medications or certain treatments are part of a parole or probation agreement.

My experience is that inmates do have the right to refuse. If they are incompetent to make their own medical decisions, we get a court order for forced medications if their refusal will lead to harm or death.

He probably had court ordered meds as a part of the parole agreement. Otherwise, inmates have the same rights as anyone else, and probably more so because of the threat of litigation. Anyone can refuse meds or treatment, and if you force it on them it is a crime, assault and battery, if I remember right. Inmate or otherwise. Get a signed refusal and document, document, document. If it's not written, it wasn't done. CYA... :uhoh3:

Brickman, I think you are right. Many times medications or certain treatments are part of a parole or probation agreement.

My experience is that inmates do have the right to refuse. If they are incompetent to make their own medical decisions, we get a court order for forced medications if their refusal will lead to harm or death.

He probably had court ordered meds as a part of the parole agreement. Otherwise, inmates have the same rights as anyone else, and probably more so because of the threat of litigation. Anyone can refuse meds or treatment, and if you force it on them it is a crime, assault and battery, if I remember right. Inmate or otherwise. Get a signed refusal and document, document, document. If it's not written, it wasn't done. CYA... :uhoh3:

He probably had court ordered meds as a part of the parole agreement. Otherwise, inmates have the same rights as anyone else, and probably more so because of the threat of litigation. Anyone can refuse meds or treatment, and if you force it on them it is a crime, assault and battery, if I remember right. Inmate or otherwise. Get a signed refusal and document, document, document. If it's not written, it wasn't done. CYA... :uhoh3:

So, why do you think that ACLU attorney said what he did? This really bothers me, in that I feel that we did not proceed with the case on behalf of this prisoner. (I don't care about my brother in law's situation--he was a crack dealer, and deserves every day in prison he was awarded, and then some. In fact, I am surprised he was allowed to go home.)

But the patient that the ACLU attorney represented briefly, and then changed his mind about..it just makes mne wonder how often this happens, due to simple misinformation, or the fact that a lot of money cannot be made off the case--unless it is a class action case, representing several hundred or thousand prisoners.

I am not one who thinks that prisoners should be "pampered--" not by any stretch of the imagination--in fact, I have a problem with them being able to order kosher meals, etc.--but, I think I am going to pay closer attention to "Prisonwatch..."

Now, I have also heard that in federal prisons, at least, as weight lifting equipment wears out it will no longer be replaced--is that true? Heck, if I can't get to the gym, why should they? :uhoh3:

Thanks, all!

Different states different inmate rights.

They should not have the right to refuse meds/treatments.

Rationale being if meds/treatmens are refused it is very likely the condition will worsen requireing more expensive care. It is a method of maintaining costs as well as taking away some of their freedons. After all, they are not there for vacation, they are there for punishment!

Make them follow the rules, all the rules. Many of them are there now because they did not learn to follow rules when they were kids. It's hard to teach an old dog a new trick but it can be done but all rules must be follewed, there can't be any of this well, if you really don't like that rule you don't have to follow it. BULL hockey!

Different states different inmate rights.

They should not have the right to refuse meds/treatments.

Rationale being if meds/treatmens are refused it is very likely the condition will worsen requireing more expensive care. It is a method of maintaining costs as well as taking away some of their freedons. After all, they are not there for vacation, they are there for punishment!

Make them follow the rules, all the rules. Many of them are there now because they did not learn to follow rules when they were kids. It's hard to teach an old dog a new trick but it can be done but all rules must be follewed, there can't be any of this well, if you really don't like that rule you don't have to follow it. BULL hockey!

:) You're absolutely right! I truly believe that inmates are there because they feel they don't have to follow the rules like everyone else.

Specializes in Critical Care, Long Term Care.

Just curious as to how you can force them to take meds anyway short of putting a tube into them one way or another.

They are human beings with rights too albeit restricted due to their crimes and institutionalization..isn't that what the legal people always say....after all they have a right to be on a tranplant list just like you or I apparently...

If they refused treatment at our hospital or refused meds, etc they were immediately transported back to prison....

Just curious as to how you can force them to take meds anyway short of putting a tube into them one way or another.

They are human beings with rights too albeit restricted due to their crimes and institutionalization..isn't that what the legal people always say....after all they have a right to be on a tranplant list just like you or I apparently...

If they refused treatment at our hospital or refused meds, etc they were immediately transported back to prison....

When I worked corrections they were handed the meds, handed a drink of water and after they took them their mouth was checked. If they did not swallow to the nurses satisfaction the officer assisted. If they still resisted they went across the compound to solitary. Oh, not for punishment but because they needed closer than usual observation yet didn't need to be in "hospital." We had maybe 9 beds (cells) with all glass walls and doors where sub-acute inamtes were housed.

At our facility if an inmate refuses his meds, he has to sign a waiver. If he refuses to sign the waiver, then it is witnessed by the nurse and the officer.

In my own opinion, I think that when a person enters the correctional system they should lose EVERY right that they had. The HIPPA law should not apply to these guys. I agree that fellow inmates should not be allowed to know, but for nurses to not be allowed to tell a staff member that has had an exposure about the inmates history is crazy! Just my opinion.

Oh, and at our facility, when a piece of weight equipment wears out or has been damaged, we aren't replacing it either.

:coollook: Be cool... don't drool~

how does that explain the two burly bounty hunters?:o

do ya think that maybe just maybe your bil wife bit off more than she could chew and could not cope with taking care of her husband (i couldnt blame her it is a heck of a lot of work for anyone much less an elderly person) and she had to turn him back over to the prison? some would find it politically incorrect to admit to others that they were just plain unable to care for their husbandand maybe she kind of came up with a story that was socially acceptable? i think you have a feeling as well that there might be something to the story and that is what led to your post. hope you solve this mystery:)
+ Add a Comment