Sunday, November 30, 2014

Federal Bureau of Prisons Medical Care: A Follow Up


How Long Can the BOP Avoid Responsibility for Inferior Medical Care?

 

By Derek Gilna

 

            As you know, I have previously written about substandard BOP medical care, which has cost untold suffering and even death from inexcusable neglect.  It is clear that the BOP is facing a potential flood of litigation and damage claims for this cold and calculating practice, attempting to balance their budgets by failing to provide proper health services to their prisoners.  No story that I have written has received more heartfelt response than this one.

More and more federal class actions have been filed against state DOC’s, and some have settled, including one involving the state of Arizona. According to the American Civil Liberties Union (ACLU), which filed a federal class action lawsuit on behalf more than 33,000 in the Arizona Department of Corrections, the Arizona DOC has one of the “worst prison health care systems” in the country.

Dr. Robert Cohen, a medical expert who has himself overseen prisoner health care systems in the past, found that at least 13 of the 29 prisoners whose cases he reviewed received “grossly deficient” care. He cited one instance of a prisoner who requested HIV testing twice being denied and later dying of AIDS, and another instance where a prisoner passed away after being refused treatment for Hodgkin’s lymphoma, a result he termed, “shocking.”

   Prisoners who complained were told to “be patient...it’s all in your head.. (or) pray…”  The Arizona complaint continued: “Defendants are deliberately indifferent to the substantial risk of pain and suffering to prisoners, including deaths, which occur due to Defendants’ failure to provide minimally adequate health care, in violation of the Eighth Amendment.  Does this sound familiar?  He could also be describing the current condition of medical care in the BOP.

Obviously, the BOP is playing the odds, hoping that you will give up, not assert your constitutional rights, or become too ill or infirm to advocate for yourself.  I am telling you that it is not impossible to get relief.  It may take months, and yes, it may take some money, but there are avenues for relief, if not outright release.  Remember, the Americans with Disabilities Act still applies to you even if you are in prison.  The courts are not ignorant of the BOP health care fiasco, and more and more cases are wending their way through the system.  It’s not too late to save your life and health.

 Oh, and the answer to the question I asked in the beginning?  The answer is: as long as you let them get away with it.