Question regarding prisoners' right to refuse meds

stevierae · Jul 2, 2004

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!

GrkGrl · Jul 2, 2004

I worked in Corrections in MA, and yes inmates have the right to refuse medications just like everybody else. There is of course documentation that goes along with this.

GrkGrl · Jul 2, 2004

I worked in Corrections in MA, and yes inmates have the right to refuse medications just like everybody else. There is of course documentation that goes along with this.

LoriRN911 · Jul 2, 2004

I worked in Corrections in MA, and yes inmates have the right to refuse medications just like everybody else. There is of course documentation that goes along with this.

Yes, the inmate can refuse any and all medical treatments or meds if he wants while incarcerated. However GrkGrl,we did have one inmate that went home because he was sick (dying) and the family didn't abide by the treatment (weather it was because he refused or someother reason) but he returned to our facility.Only because we, as his healthcare provider, were responsible for him because he was still our inmate (I think he went out on the braclet to go home to die). If he dies on the outside while our property and not recieving proper healthcare his family can sue us. This came from our DON.

LoriRN911 · Jul 2, 2004

I worked in Corrections in MA, and yes inmates have the right to refuse medications just like everybody else. There is of course documentation that goes along with this.

Yes, the inmate can refuse any and all medical treatments or meds if he wants while incarcerated. However GrkGrl,we did have one inmate that went home because he was sick (dying) and the family didn't abide by the treatment (weather it was because he refused or someother reason) but he returned to our facility.Only because we, as his healthcare provider, were responsible for him because he was still our inmate (I think he went out on the braclet to go home to die). If he dies on the outside while our property and not recieving proper healthcare his family can sue us. This came from our DON.

stevierae · Jul 2, 2004

Was this right--that is, the right to refuse meds or treatments--only very recently granted? I ask because I remember having a discussion with an ACLU attorney in 1999, and telling him that any patient had the right to refuse any treatment or medication.

His respnse was, "Unfortunately, prisoners don't enjoy the same rights that the rest of us take for granted, and that's one example. People who are incarcerated DO NOT have the right to refuse medications or treatments. However, we are working to change that."

stevierae · Jul 2, 2004

Was this right--that is, the right to refuse meds or treatments--only very recently granted? I ask because I remember having a discussion with an ACLU attorney in 1999, and telling him that any patient had the right to refuse any treatment or medication.

His respnse was, "Unfortunately, prisoners don't enjoy the same rights that the rest of us take for granted, and that's one example. People who are incarcerated DO NOT have the right to refuse medications or treatments. However, we are working to change that."

Blackcat99 · Jul 2, 2004

When I worked corrections in 1995 the inmates always had the right to refuse all medications and any other medical treatments. When diabetics refused insulin we had to fill out paperwork stating that the inmate had refused it and the possible adverse reactions that might occur due to his refusal.

Blackcat99 · Jul 2, 2004

When I worked corrections in 1995 the inmates always had the right to refuse all medications and any other medical treatments. When diabetics refused insulin we had to fill out paperwork stating that the inmate had refused it and the possible adverse reactions that might occur due to his refusal.

Blackcat99 · Jul 2, 2004

:chuckle Oops and the inmate had to sign this form also. If he refused to sign the form then the officer and the nurse had to both sign stating that the inmate refused to sign the form.

Blackcat99 · Jul 2, 2004

:chuckle Oops and the inmate had to sign this form also. If he refused to sign the form then the officer and the nurse had to both sign stating that the inmate refused to sign the form.