is a jail required to give you your meds such as those for epilepsy?
when i was arrested they would not give me either of my scrips while i was in incarseration. witch resulted in me having seizures. to witch i was also denied medical attention. when i was arrested in the first place i was involved in an accident on a motorcycle i was bleeding everywhere they said i was traveling over 100 mph. but when the ambulance showed up the cops sent them away.i was then taken strait to jail. upon our arrival at the jail a seargent asked the arresting officer what i was doing there and to take me to the hospital for xrays after geting there he told the doctors i didnt need any and promptly returned me to the jail,and while i was there they denied me of my seizure medications. my question is, is there a law that requires them to have a doctor see me before they put me in a cell? and is there any laws that say they have to give me my meds while im in custody when in fact they are aware of the fact i do have to take them.
- 9 years agoFavorite Answer
With this is a link to Estelle v. Gamble. Some pertinent quotes from this U.S. Supreme Court case respecting the 8th Amendment and denial of medical care for those in government care:
"the primary concern of the drafters was to proscribe "torture[s]" and other "barbar[ous]" methods of punishment."
"the Amendment proscribes more than physically barbarous punishments...The Amendment embodies "broad and idealistic concepts of dignity, civilized standards, humanity, and decency . . . ,""
"we have held repugnant to the Eighth Amendment punishments which are incompatible with "the evolving standards of decency that mark the progress of a maturing society...or which "involve the unnecessary and wanton infliction of pain"
"These elementary principles establish the government's obligation to provide medical care for those whom it is punishing by incarceration. An inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs will not be met. In the worst cases, such a failure may actually produce physical "torture or a lingering death," In re Kemmler, supra, the evils of most immediate concern to the drafters of the Amendment. In less serious cases, denial of medical care may result in pain and suffering which no one suggests would serve any penological purpose. ...The infliction of such unnecessary suffering is inconsistent with contemporary standards of decency as manifested in modern legislation codifying the commonlaw view that "it is but just that the public be required to care for the prisoner, who cannot by reason of the deprivation of his liberty, care for himself.""
Now, you had not been convicted yet, so, let's go to what the Supreme Court had to say about pretrial detainees in Bell v. Wolfish to which I have also supplied a link:
"For under the Due Process Clause, a detainee MAY NOT BE PUNISHED prior to an adjudication of guilt in accordance with due process of law."
In summary, to deny medical care to a pretrial detainee is cruel and unusual PUNISHMENT, and a pretrial detainee may not be punished in any way; let alone a cruel and unusual one. :-)Source(s): http://scholar.google.com/scholar_case?case=475510... http://scholar.google.com/scholar_case?case=453716... http://legalbearsblog.com http://legalbears.com/armor
- parsnipiannaLv 79 years ago
Cops don't trump doctors in the Emergency Room, if anyone in the ER thought you required immediate medical attention from the motorcycle accident. they would have provided it. Are you sure you were sober enough to have a clear idea of exactly what went down at the hospital? (I mean, you WERE arrested at the scene of the accident --- for DUI maybe?
Yes, they must give you medication that you ordinarily take, BUT not at the very minute you demand it. Providing excellent customer service isn't a goal. in jail.
Even if you had your seizure medication with you they can't just give it to you. Their answer is that they don't know for sure what kind of pills you have in that bottle. They are required to get a dr's order (and keep a record of it) ) before they can give you meds.
They do not have to have a doctor examine you before they put you in a cell. If you look okay, you will likely wait til morning and see a nurse, who can then request a doctor for you.
A seizure is not considered a life-threatening event. However, if you were in jail for more than 24 hours without your meds you may be able to file a valid complaint about. the police. But if there was no actual damage to you caused by their failure to provide your meds as quickly as you believe they should have, you don't have a lawsuit.
Anything that requires police intervention is usually going to end up being really unpleasant for somebody. It's almost like the system meant for it to be that way.
- 9 years ago
You must be seen by at least a nurse when you are brought to jail. They have to give yoy those medications if they have them availabel if they do not you chould have been taken to the hospital when you were having seizures. Did you tell them you were epileptic? if so you may have a suit I d see a lawyer if I were youSource(s): I am a nurse and have also been to jail they SUCK
- Anonymous9 years ago
yes if you require medical attention or aid the state is legally required to provide it while youre in their custody. you can sue them if they dont or provide inadequate care.