Legal Options for Diabetics in Jail
Diabetes is a serious and chronic medical condition that can be life-threatening. Unfortunately, while in jail, diabetics can find it hard to access medical care. From lawsuits to recent research, incarcerated diabetics are routinely not receiving the care that they need. So what options are available to fix this problem?
Protections while in Jail
Aware of the challenges that many incarcerated diabetics face, the American Diabetes Association (ADA) published a guide covering their legal rights. The following is a brief summary of that content to help guide those facing diabetic challenges in the criminal justice system.
Adequate Medical Care
“Innocent until proven guilty.” This is a common phrase that is very important for those in pre-trial confinement, detention or in jail.
Until there is a guilty verdict, individuals are considered legally innocent. This means they are protected from punishment, as well as safeguarded from foreseeable physical harm, and guaranteed adequate medical care.
These protections are due to the Fourteenth Amendment’s Due Process Clause, and the Eighth Amendment’s prohibition against cruel and unusual punishment. At a minimum, these amendments confirm that all prisoners have a legal right to medical care when there is a serious medical need.
Deliberate Indifference to Serious Medical Needs
A prisoners rights can be violated when a serious medical need is present (such as diabetes), and jail officials fail to take reasonable actions to assist or remedy a medical situation.
Deliberate indifference occurs when a medical need is serious, and a subjective standard of “deliberate indifference” is met. To meet this standard, jail officials must know about a risk of serious harm, and take actions (or inactions) that do not help or assist the inmate.
The challenge for these types of claims is proving that jail officials knew something was seriously wrong. Obvious medical events such as a seizure or being unconscious do not automatically show that jail officials were aware of the risk. Nor does knowing of a diagnosis or the type of treatment an inmate is receiving.
It must be clearly demonstrated that jail officials were aware of the physical risk and acted indifferently. Some examples of claims diabetics can file in relation to this standard include the following:
- Negligence and Medical Malpractice Not Deliberate Indifference
- Failure to Provide Insulin
- Not providing medical care
- Wrong Type of Medicine or Wrong Diagnosis
- Delay in Providing Care
- Food and Diet
- Diabetes Complications and Inadequate Foot Care
Discriminatory Treatment
Another option diabetics have is to pursue legal action using the Rehabilitation Act. This requires discrimination based on the disability (i.e., diabetes), usually by denial of participation, services or benefits.
Importantly, when jail officials deliberately refuse to provide medical accommodations or care, this can be considered discrimination. These claims are usually most successful when focused on inmates being denied access to programs such as work release.
Some examples of claims based on discriminatory treatment of diabetics include the following:
- Denial of Medical Care or Provision of Substandard Medical Care under Americans with Disabilities Act
- Discriminatory denial of medical care or services due to animus or intention to punish
- Denial of Participation in Programs and Activities Under Americans With Disabilities Act
Pursuing legal actions for issues diabetic experience in jail is possible, but sometimes challenging. So it is important to be aware of your rights and to consult with respected and knowledgeable professionals.
If you or a loved one has experienced challenges with receiving proper diabetic care while in jail, consider reaching out to one of our experienced attorneys.
For more information on problems diabetics face in jail, check out our other diabetes article here. And for more detailed information about the topics discussed here, check out the ADA report.
Allison Kunerth
Allison Kunerth