Monday, November 17, 2008

The Legal Eagles Legal Brief: The Case Of An Inmate's Right To Refuse Medical Treatment

“The 1979 case of Commissioner Of Corrections v. Myers concerns an inmate’s attempt to refuse dialysis, consistent with the well-settled right of capacitated adults to refuse unwanted treatment, even if that refusal hastens the patient’s death. In overruling the prisoner’s refusal of treatment, the court noted that the interests of the state, as represented by the department of corrections, included ‘the preservation of internal order and discipline, and maintenance of institutional security, and the rehabilitation of prisoners.’ These interests, the court held, permitted corrections officials to administer life-saving treatment without consent and over specific objection of the inmate. This case and others have consistently placed the requirements of corrections administration over the rights of inmates to consent to or refuse treatment.” -From, “Prisoners Should Receive Humane End-Of-Life Care” By: Nancy Dubler

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