Literature DB >> 1306611

The Estelle medical professional judgment standard: the right of those in state custody to receive high-cost medical treatments.

M J Posner1.   

Abstract

This Article discusses the rights of prisoners, pretrial detainees, and the involuntarily committed to receive high-cost medical treatments. More specifically, the Article analyzes U.S. Supreme Court and lower court case law dealing with the medical care rights of those in state custody and argues that, under a proper understanding of this case law, the financial considerations of states should play no role in determining the rights of these people to receive high-cost medical care. Finally, the Article defends the current medical care standard against various critiques.

Entities:  

Keywords:  Eighth Amendment; Estelle v. Gamble; Health Care and Public Health; Legal Approach; Mental Health Therapies

Mesh:

Year:  1992        PMID: 1306611

Source DB:  PubMed          Journal:  Am J Law Med        ISSN: 0098-8588


  2 in total

1.  Disease prevalence and use of health care among a national sample of black and white male state prisoners.

Authors:  David L Rosen; Wizdom P Hammond; David A Wohl; Carol E Golin
Journal:  J Health Care Poor Underserved       Date:  2012-02

2.  Relevance and limits of the principle of "equivalence of care" in prison medicine.

Authors:  Gérard Niveau
Journal:  J Med Ethics       Date:  2007-10       Impact factor: 2.903

  2 in total

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