Re: Another Medicolegal/Similar

[Guest guest]

He can refuse treatment and TDCJ doesnt have to transport him...He doesnt

have to receive the treatment but TDCJ doesnt have to take him to another

hospital.....He should get treatment when and where he can get it in my

opinion.

> [Original Message]

>

> To: < >

> Date: 3/31/2004 10:52:53 PM

> Subject: Another Medicolegal/Similar

>

> OK, Here's one------------ If the Pt. is a prisoner (TDCJ) and is at the

local hospital--A & Ox4---can he refuse to be treated/transported to another

facility? His Dx. is not life threatening.

>

>

> wegandy1938@... wrote:

> Yes, it is true. Now that brings up an interesting question.

>

> If EMS asks the officer to arrest so that treatment can be forced, and

the

> officer refuses, and the patient does not receive needed treatment and

sues EMS

> for failing to treat and transport, can the EMS service then turn around

and

> sue the police officer for dereliction of duty, gross negligence, and

malice in

> refusing to take the patient into custody?

>

> In that case the police would be sued for failing to arrest a person.

Any of

> the other lawyers or legal groupies have an idea about that?

>

> GG

>

> In a message dated 3/31/2004 8:44:29 PM Central Standard Time,

> bbledsoe@... writes:

> True

>

> Medicolegal

>

> Any basis to this rumor: Peace officers are reluctant to

> arrest/detain/take in custody persons whom the EMS think should go to

> the hospital, but who refuse, because if the peace officer arrests,

> etc, then the officer's county, city, etc, has to pay the ambulance

> and associated bills?

>

> Bob in McGregor

> LP

>

>

>

>

>

[Guest guest]

The TDCJ prisoner has the right to refuse medical care. However,

they cannot refust transfer to a prison run medical facility such as

the prison hospital at UTMB Galveston. That doesn't mean that he

has to accept medical care once he's there, but they can send him

there, just the same as they can transfer any prisoner between

prison units at will. Now, civilian facilities are a different

story. I know I have dealt with it personally many times. The

prison gets PISSED when it happens, but the prisoner usually just

gets sent back to the prison we picked them up at. As far as them

taking " disciplinary " actions against the prisoner when he gets back

after refusing care, I am not sure <wink wink>.

The one exception to this rule I believe is if they have a

reportable communicable disease such as TB. Then i believe there

are some rules requiring them to be segregated from the general

population if they refuse treatment.

CB

[Guest guest]

THAT'S WHAT I THOUGH---JUST NEEDE TO HEAR IT FROM ANOTHER PERSON.

I'LL SHOW THIS TO ONE OF MY ASSOCIATES WHO HAS BEEN ARGUING THIS ISSUE

EXHAUSTIVELY---------------THANK YOU

Wallace Blum wrote:

The TDCJ prisoner has the right to refuse medical care. However,

they cannot refust transfer to a prison run medical facility such as

the prison hospital at UTMB Galveston. That doesn't mean that he

has to accept medical care once he's there, but they can send him

there, just the same as they can transfer any prisoner between

prison units at will. Now, civilian facilities are a different

story. I know I have dealt with it personally many times. The

prison gets PISSED when it happens, but the prisoner usually just

gets sent back to the prison we picked them up at. As far as them

taking " disciplinary " actions against the prisoner when he gets back

after refusing care, I am not sure <wink wink>.

The one exception to this rule I believe is if they have a

reportable communicable disease such as TB. Then i believe there

are some rules requiring them to be segregated from the general

population if they refuse treatment.

CB

---------------------------------

[Guest guest]

Dago,

Perhaps you should discuss this with an attorney if you are considering

making binding policy about it. The thoughts on this list are just that,

thoughts and opinions. Gene or Wes may be able to give you a better

answer to your specific question.

For arguments sake, I don't believe that the prisoner has much option,

they are considered wards of the state. No different than being arrested

because you won't go to the hospital if you need to, you are placed in

custody, and the choice is no longer yours, it remains as such while you

are in custody.

But, that's merely my opinion.

Mike

Re: Re: Another Medicolegal/Similar

THAT'S WHAT I THOUGH---JUST NEEDE TO HEAR IT FROM ANOTHER PERSON.

I'LL SHOW THIS TO ONE OF MY ASSOCIATES WHO HAS BEEN ARGUING THIS ISSUE

EXHAUSTIVELY---------------THANK YOU

Wallace Blum wrote:

The TDCJ prisoner has the right to refuse medical care. However,

they cannot refust transfer to a prison run medical facility such as

the prison hospital at UTMB Galveston. That doesn't mean that he

has to accept medical care once he's there, but they can send him

there, just the same as they can transfer any prisoner between

prison units at will. Now, civilian facilities are a different

story. I know I have dealt with it personally many times. The

prison gets PISSED when it happens, but the prisoner usually just

gets sent back to the prison we picked them up at. As far as them

taking " disciplinary " actions against the prisoner when he gets back

after refusing care, I am not sure <wink wink>.

The one exception to this rule I believe is if they have a

reportable communicable disease such as TB. Then i believe there

are some rules requiring them to be segregated from the general

population if they refuse treatment.

CB

---------------------------------

[Guest guest]

Mike,

You are correct to an extent that the prisoner is a ward of the

state, however, they have more rights in some cases that you or I.

We addressed this issue previously with TDCJ about year ago. The

official ruling from TDCJ and the AG's office was that they could

refuse, that it is logged in the inmates file, and they will be

either sent back to the unit that they came from, or one decided by

TDCJ, up to and including UTMB Galveston.