LAMBDA LEGAL ARCHIVE SITETHIS SITE IS NO LONGER MAINTAINED. TO SEE OUR MOST RECENT CASES AND NEWS, VISITNEW LAMBDALEGAL.ORG

Ask Lambda Legal

Find Your State

Know the laws in your state that protect LGBT people and people living with HIV.
August 5, 2010

From August 2010 eNews

Q. My sister, who is living with HIV, is about to go into prison. I am worried about her health. Is there anything she or I can do to ensure she gets proper care while she's inside?

A. The U.S. Supreme Court has ruled that prison officials must provide medical treatment to prisoners, regardless of whether they are in a federal, state, or local prison or jail.

If she is not yet in prison, encourage your sister to ask her doctor to write a letter to prison medical officials explaining her HIV status and detailing her treatment plan—including names, dosages, and schedule for any medications—and the importance of continuous care in preventing drug resistance and protecting your sister's long-term health. She should also have her doctor do a complete physical and blood workup before she goes to prison. That way, current information about her condition will be available, and if by chance her health gets worse while in prison, she will have some evidence to show that she is not receiving adequate care.

Your sister's criminal defense attorney may also have suggestions on how to ensure access to proper medication and be able to advocate on your sister's behalf.

If you believe she is being denied adequate care, the law requires prisoners to use and "exhaust" any grievance process before filing a claim in court. Find out how to file a formal complaint at the prison, and follow up on any complaint you file: If a grievance is denied and the problem has not been fixed, file an appeal. If an appeal is denied, you should attempt to appeal that decision to the next level. Your sister should keep proof of how she tried to get the problem fixed. Help her make and keep copies of any complaints she files and all responses she receives.

If possible, your sister should also keep a diary about her medical conditions and the treatment she receives. She should list the names of medical staff she has seen, the effects of any delay in treatment and the number of days she goes without treatment. She should always include dates, a list of any witnesses to events she describes and any other information that would help show that a prison official was aware of her serious medical needs. One hopes these things do not end up in court, but if they do, you will want to be prepared.

People in prison have a right to good medical care. If you and she have exhausted the facility's grievance procedures and have questions and concerns, reach out to Lambda Legal's HelpDesk or call 866-542-8336.

Share