G4change...I don't think the ACLU would be much help. This may seem major to me and to my son, but the ACLU typically wants to handle something that affects lots of people. It could be argued that there are lots of inmates being treated this same way. In fact, those of us familiar with prison life know this to be all too true all over the country. So, the ACLU likes to tackle problems that would have an effect on lots of people, but they won't touch anything that is basically hopeless.

I think I need to start with asking help from Colorado CURE and/or Advocates for Change. In fact, I did just send an email to the lady who heads up Coalition for Sex Offense Restoration (CSOR). She has already responded and has given me some helpful suggestions. I'll let you now how it goes.

ShelsFreeNow...thanks for sharing about panic attacks. Quite a few people have told me the same thing. My son rejects that idea, which is probably good, because I do want him to keep fighting to get adequate treatment. He knows that people will not help him as much if they think his problem is "all in his head." We know that panic attacks are NOT all in one's head...they are very real...medically! But, you're right, we don't want him to get pigeonholed in the wrong diagnosis or in a diagnosis that people won't take seriously.

So...there's more to this dismal saga. My son called me again a little while ago. They had scheduled him to see the health practitioner (not really a full-fledged doctor, more like a nurse practitioner) at 2:10 pm However, there is a major shift change of prison staff that takes place from 2:00 pm to 2:15 pm They close the halls during that time and don't allow anyone to move around.

So, he started out at 1:53 pm to get there in time. However, in the hallway, he encountered a sergeant who made him go back to his pod, because they had already closed the halls. Sometimes they do it early, like as early as 1:30 or 1: 45. There is not much predictability about this.

So, he went back to his pod until they opened the hallways again. By the time he actually got to the medical department it was 2:20 by his watch. They are allowed to be up to ten minutes late. Well the staff member in the medical department wrote him down as arriving at 2:22 pm, which was 2 minutes beyond the 10-minute grace period.

Because he was late, he wasn't allowed to see the health professional today and he was told his next chance to do so will be one week from today.

Also, while he was there, he asked for the permission form to allow them to discuss his case with me. In the past, they gave them to the inmates, when they asked. Now, the procedure has changed and they told him he had to send a "kite," which is a written request to be given this form. Then, of course, he has to get it notarized by the one person in the entire prison who is a notary, as I told you in the first message.

My son hasn't had any more of the really intense episodes like he did on Saturday, but every single day for the past two years he has been mildly dizzy and light headed a lot of the time. He spoke again with his friend who's the inmate/doctor, who conjectured that this could all be related to the impacted wisdom tooth my son had surgically removed last summer.

The inmate/doctor thinks it's possible there has been a subsequent benign tumor that could be pressing on nerves that go to the inner ear. The other symptoms (nausea, shortness of breath, tightness in the chest and neck, could be a result of this (potential) tumor. All of this is pure conjecture, because there is no way for the inmate/doctor to actually treat him there.

My son says there is a culture of hatred toward inmates that's especially strong with all the staff in the medical department. He thinks they should all be fired and barred from ever practicing medicine again anywhere.

I asked him if he wants me to start making calls to higher-up prison officials. He would really like someone to help him, but he's afraid that my prodding and protesting could cause him to get moved. If he gets moved, it would probably be to a state-run prison, rather than the privately-run prison he's in now.

Aside from the evil medical staff, this prison has a reputation as being the most laid back prison in the entire state. Other prisons, especially the state-run ones, are much stricter with everything.

So, the saga continues. I'm going to ask for advice from the Colorado advocacy groups I'm affiliated with - Citizens United for Rehabilitation of Errants (CURE) and Advocates for Change.

I did a google search on "prison medical care" and found this 12-page ACLU document. I haven't read it yet, but at least the ACLU has been working on this issue.

https://www.aclu.org/sites/default/files/field_document/know_your_rights_--_medical_mental_health_and_dental_july_2012.pdf

Rew and everyone, I sent a long email to Dianne with Colorado Cure and to Susan with Coalition for Sex Offense Restoration (CSOR). They both told me to contact Renae Jordan, Director of Clinical and Correctional Services through her assistant, Michelle Nelson. So, I forwarded the same email to Michelle. I'll let you know what happens.

I knew Diane with Colorado Cure was the person you needed to contact.

Hope everything works out well for you, your son, and your family.

rewdiazepam

In my experience, the negligence---and sometimes outright medical malpractice---seen in our prison system toward inmates is one of the main reasons for civil suits against the DOC or BOP.

Medical facilities, with a poor attitude against inmates, a medical staff often consisting of health professionals who could not find a job anywhere else, and a shortage of funds and resources are poorly equipped to handle any medical problem other than a runny nose or minor cough.

I saw one inmate confined to his his bunk for four days with a massive infection before medical would see him. He later developed sepsis and almost died.

So I would advise all family members with a loved one in prison to never hesitate to call medical---and raise hell if necessary---to make sure he or she is treated in a humane fashion. Do not be afraid to call.

rewdiazepam

Point well taken, Rew. Thanks for the encouragement to keep making waves.

My Iowa son knew a 25-year-old fellow inmate who died due to neglect. It's scary!

I work in support for the families of sex offenders, but I also do a lot of work in prison reform.

Inadequate medical care in our prisons seems to be rather prevalent and is one of the civil rights problems inmates' families face.

When I think of this negligence on the part of the government, I always go back to a quote in the Battles vs Anderson court case in Oklahoma in 1972. You will have to click the length to see the entire court order.

http://tinyurl.com/hu4jnfn

A quote that Judge Bohannon made in the decision-----

"Persons are sent to prison as punishment, not for punishment. It is incumbent on the incarcerating body to provide the individual with a healthy habitative environment. Anything less would be to subject the individual to further punishment than was given by the sentencing trial court. With habilitation assured, then possibly or probably the inmate can decide to rehabilitate himself.

But if the basic habilitative needs of the individual are not met then rehabilitation, reformation or redemption are not possible. Water, fire protection, air and food are necessities of life. Minimum space to call one's own is a primary psychological necessity. Without the basic minimums, prisons are doomed to failure, with both society and the inmate incarcerated therein the losers."

That is quite a quote and is a far cry from what actually goes on in a prison environment regarding medical care.

rewdiazepam

Rew, are there legal precedents that you know of either in federal or state cases where medical malpractice or neglect was the basis of a large settlement or judgment on behalf of the family, particularly if someone died because of lack of care? Or are those institutions (jails and prisons) given broad immunity?

I will find out for you and get back with you tomorrow at the latest.

I am tied up right now helping with a sentencing letter to the judge.

rewdiazepam

Merely a curiosity, nothing to rush. Please take your time, Rew.

Here are just a few civil cases won by either the inmate or his family against the prison system or the healthcare provider that administered medical care for the prison and the inmates.

You have to hit these people responsible for the medical malpractice or deliberate indifference where it hurts the most and gets their attention---in the pocket book. Paying out huge settlements when they fail to offer even the basics of healthcare to inmates is the only thing that will get their attention.

I see a lot of "deliberate indifference" in the prison system, and it is even worse in the county jails. They just simply do not care how they treat inmates.

One of biggest problems is that the health care professionals would give much better treatment but their hands are tied by the DOC, the BOP, or the local county jail. In most facilities they use a formulary for the meds they can prescribe and many of those meds are outdated and ineffective----but they are inexpensive. Also the health care professionals cannot run the tests to make a diagnosis as they would on the street. The health care professionals are reminded often who signs their checks.


New York Prisoner Awarded Almost $16 Million Due to Poor Medical Treatment

http://tinyurl.com/zy94rsc

Former inmate wins appeal of medical malpractice lawsuit against state---almost one million dollars.

http://tinyurl.com/zkb83pe

Former Jefferson County inmate awarded $11 million after stroke

http://tinyurl.com/j9b5dxa

BOP Settles Medical Negligence Claim for $600,000

http://tinyurl.com/zmd3hqx

Family gets jail death settlement---over $500,000.

http://tinyurl.com/h23xzk7


McGill v. Correctional Healthcare Cos-----A prisoner claimed multiple injuries, including right-sided paralysis and speech difficulties, after a nurse at the detention facility failed to diagnose and treat his ischemic stroke despite warnings from the prisoner, other inmates and deputy sheriffs. A jury awarded the prisoner about $11.4 million.

Lewis v. Commonwealth of Massachusetts Suffolk County Sheriff’s Department-----An inmate who fell while cleaning the prison’s showers reportedly suffered a fractured ankle that had to be broken again because it began to heal incorrectly in the two days before he received medical care. The jury found for the defense.

Hendricks v. Metropolitan Government of Nashville and Davidson County-----A prisoner claimed she suffered high blood sugar levels and the need for a left heart catheterization/coronary angiography after she was accidentally left in a locked courthouse meeting room for about 24 hours with her insulin. A jury awarded the plaintiff $18,000.

Hope this helps,

rewdiazepam

This helps lift my spirits, yes. And it is good information to have. I especially hope it helps honestwitness! I pray your son will be okay. We're all here for him and you in spirit. In helps to know there have been civil settlements in these situations but again I pray it won't come to that.

I wonder if there are ever criminal prosecutions where there were instances of criminal neglect found where deliberate indifference resulted in death. I'd like to see it dealt with on both the civil and criminal levels.

Rew, I really like what Judge Bohannon said in your quote above. I looked for that specific quote in the document(s) you linked, but couldn't find it. Can you give me more details about the specific name of the document that contains that quote? Pretty please?

Michiganfamily, thank you so much for praying for my son. He called me yesterday and said that for the past few days he has been feeling fine. He hasn't even had any of the dizziness he's had for the past two years. It is SO good to hear the lilt back in his voice. The only reason I can think of for this vast improvement is that a lot of people are praying for him. The medical department can't take any credit for it, that's for sure.

Nevertheless, last Friday, I DID send my long email to the Director of Clinical and Correctional Services with the Colorado DOC. I haven't received a response, however it's possible everyone was out of the office for the long holiday weekend.

Sometimes, I wonder whether God presses upon us with intense pressure, in order to get us to move in a direction we wouldn't ordinarily go. Maybe, I was meant to write that email, not just for my son, but for all the inmates there. I just hope the Director of Clinical and Correctional Services will do something innovative that will alleviate the terrible situation at my son's prison, for all the inmates and for all those of us on the outside who CARE about those inmates.