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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23548
Experience:  Active member of the NYS bar since 1989
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My son is incarcerated in Nevada and s Appeal is awaiting a

Customer Question

My son is incarcerated in Nevada and his Appeal is awaiting a decision (fast tracked by counsel), however he suffers from medical conditions which are life threatening and not only well documented, since birth, but the facility was provided with full medical records by his private physicians including specialists from a large number of reknown medical hospitals and universities. The prison system where he is being held (wrongfully but that's another problem) has, for the entire state, only one doctor who has refused to acknowledge the findings or instructions by specialists, will not order testing and has constantly told my son that his specialists are "wrong or inept". The fact that I, his mother is one of only ten Agent Orange Children authorities on this planet, causing the VA and the DOD to finally admit war crimes; this doctor has told my son to stopomplaining about his health to his "mommy". The doctor is now creating a very serious threat of costing my son his life because he has caused my son's Leukopenia to become an immediate problem by having the prognosis backwards and his white cell count rapidly moving in the wrong direction.
The local ACLU IS NOT ABLE OR EQUIPPED TO DEAL WITH "just one case" and I don't know what kind of attorney or who to contact.
Submitted: 10 months ago.
Category: Legal
Expert:  Zoey, JD replied 10 months ago.

Hello,

This is a civil rights issue and you need a civil rights attorney. The ACLU has branches all over the country. They do have a lot on their plate and may not be able to take on your son's particular plight but they should be able to direct you to an experienced civil rights lawyer in your part of the country who could be retained to assist your son.

Your son has the right to adequate medical care as an inmate. The US Supreme Court has held that a lack of adequate medical care is a form of cruel and unusual punishment, which makes it a violation of the 8th Amendment to the Constitution. The prison doesn't have to provide him with the same caliber of treatment that he can get on the outside. But they are not allowed to be indifferent to a life-threatening medical problem.

You can get an idea of what courts have found to be deliberate indifference and what sorts of situations constitute a serious medical need here in this PDF I am attaching.

It's been my experience that when an inmate needs medical treatment and isn't getting it, that family isn't going to be able to accomplish much by calling or emailing the prison. Generally, the authorities just give family the runaround and they won't address inmate care issues with them.

One thing you can do is to contact your son's lawyer and have him or her look into the matter. Lawyers can see an inmate without having to wait until visiting hours or days,which is more than what anyone else can do. They can see the shape the inmate is in. They can also get the case back in front of a judge, who can order medical treatment.

Expert:  Zoey, JD replied 10 months ago.

Here's the pdf.

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