I have a hernia and can seem to get an operation; can I file a lawsuit for medical malpractice or for a violation of my 8th amendment right to be free of cruel and unusual punishment?
Prisoners are entitled to the “community standard of care,” when it comes to health services for their SERIOUS medical needs. Prison officials, according to established case law, may not be “deliberately indifferent to a prisoner’s serious medical needs.” So, for someone with diabetes, a heart condition, cancer, etc., the ADOC must provide the same treatment and service that would be available to any indigent person in the community if the person were not in prison. Doctors vary in their treatment of hernia problems; some like to operate immediately, while some try to treat it using pain management and other methods, such as truss support. The community standard of care is what is required. Just because a prisoner desires surgery, he/she is not entitled to it. However, if the pain is unbearable or if the method being used to control the pain is not working, a prisoner needs to carefully and continuously document in writing to the health care department at the prison the FACTS of his ca
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