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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26870
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My brother is in prison at Madison Correctional Institution,and

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My brother is in prison at Madison Correctional Institution,and he fell sept.2012 and Dr. ordered (actually 2 dr.s ) ordered a MRI and the prison is refusing the test ,says the state of Ohio doesn't have the $ for it....I believe this is his constitutional right ! What to do?
Hello Jacustomer,

Your son has a Consitutional right to adequate medical care under the 8th Amendment to the Constitution. The Supreme Court has held that it is cruel and unusual punishment to deny an inmate necessary medical care.

If your brother has a condition that requires medical attention, while the prison does not have to provide the same caliber of medical care that he would get on the outside, they cannot turn a blind eye to his problems either. 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, which was put together by the ACLU.

In my experience, family members are only going to get the runaround when they try to inquire too closely about what's going on with their incarcerated relatives, particularly when the questions relate to the inmate's treatment -- medical and otherwise -- at the hands of the Department of Corrections.

It takes a lawyer who does civil rights work to break that pattern They not only can visit an inmate when family and friends cannot but they can get in touch with people in the system who will not speak at all to family and thus have a much better chance of turning the situation around. For something like this, you might also want to reach out to the ACLU. They have advocated for inmates across this country for basic inmate rights. Even if they have too much on their plate to get involved directly at this time, they may know of others in the vicinity who would offer assistance.

Zoey_ JD and 2 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you so much for the information..And would you be able to go see my brother .I also understand that there are other inmates in similar situations..Problem is for me I can pay this small fee but have no additional money to add to it..

Hi Brenda,

No, unfortunately, legal professionals on this site are not able to represent customers. That's due to site policy and also to the constraints made by our professional bar associations.

Your brother also should have an attorney who handled the case for him that got him his present disosition. That lawyer may be willing to intercede on his behalf. Someone should reach out to to that lawyer and see if he can offer your brother any assistance, as he is the last attorney of record on the case.

The ACLU has long been involved in medical care for inmate issues. They are your first line of resource here, and they work pro bono. Here is a list of some other organizations that do free human rights work. (See link) There are also law school clinics that do prisoner's rights work. Law students handle cases under the supervision of a lawyer/professor, for course credit. You may want to talk to the law schools in the state where your brother is held, to see if they can help. They are free or have a sliding fee scale.