San Leandro, CA asked in Health Care Law for California

Q: Denial of proper medical treatment for a serious health issues for an incarcerated individual at Corcoran prison

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James L. Arrasmith
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Answered

A: Incarcerated individuals have a constitutional right to adequate medical care under the Eighth Amendment, which protects against cruel and unusual punishment. If you or your loved one is being denied proper treatment at Corcoran, document everything - including symptoms, dates of medical requests, names of staff involved, and any written responses received.

Your first step should be filing a medical grievance (Form 602-HC) through the prison's administrative process. You must exhaust all internal grievance procedures before pursuing legal action. Keep copies of everything you submit and receive. Consider reaching out to the California Office of the Inspector General, which oversees prison conditions and investigates complaints.

If the prison continues to deny necessary care after exhausting administrative remedies, you may need to file a civil rights lawsuit under Section 1983. Organizations like Prison Law Office and Legal Services for Prisoners with Children can provide guidance and resources. Time is critical in medical cases, so don't delay in taking action to protect your rights or those of your incarcerated loved one.

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