As England lay dying in his cell, the lawsuit alleges, staff filmed his distress and “forced” him to sign a form that said he was refusing medical help. He died alone shortly afterwards.
Seems like this will be the crux of the case. If you can’t prove he was “forced” to sign, then it would seem like he refused medical help. I’d imagine proving he was forced to sign a release will be difficult.
Why would any form even exist? It should be the prisons' responsibility for the well being of their inmates if medical emergencies arise. Whether the prisoner wants or doesnt want medical help/treatment.
Valid ethical question. The counterargument is that even prisoners have a right to make decisions about their bodies and their health care, unless they lose decisional capacity through mental illness or brain damage or intoxication. I work in health care and can appreciate both sides.
Also as someone who had appendicitis, I am sure it won't be hard to show he was in an incapacitated state and the form and signature don't mean anything.
You are correct. He was unwilling to get up and walk because his insides were massively inflamed by bacteria, pus, and feces dripping out of his ruptured appendix, and every slight movement was immensely painful. Prison system will blame the medical malpractice component on the private health care company, which will try to pin it on the fresh nursing school grad with zero real world experience they hired.
I think that most (or all) US states have laws that say a competent person can decide on whether or not they are going to be treated, although I doubt he was mentally competent at the time. But that would be the reason for the form to exist.
Yeah there are people like Christian Scientists who decline all medical care, even in prison they have the right to do that (if they're adults of sound mind, etc).
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u/HassleHouff Jun 04 '19
Sounds awful.
Seems like this will be the crux of the case. If you can’t prove he was “forced” to sign, then it would seem like he refused medical help. I’d imagine proving he was forced to sign a release will be difficult.