Not to alarm you, but if you don’t know this you should: America’s prisons and the contracting “healthcare companies” will ( and DO ) knowingly let people die before they will provide the medical care they clearly legally are required to provide!
This is part of the letter I send to every inmate family member or friend of an inmate who contacts me:
ASK me for the certified letter form to be sent before you sue – that may solve the problem without having to sue. You send to the Warden the certified letter, and keep a copy of it and of the certified letter forms. That often solves the problem; if it does not, you CALL me at 302-423-4067.
IF YOUR LOVED ONE IS NOT YET DOING IT, TELL HIM/HER TO KEEP A JOURNAL. WRITE EVERYTHING DOWN. NOTE THE DATE, TIME, NAME OF PERSON(S) SEEN REGARDING ALL MEDICAL ISSUES, AND WHAT THAT PERSON TOLD HIM/HER. KEEP A COPY OF ALL MEDICAL GRIEVANCES AND MAIL ALL THIS INFORMATION TO YOU ONCE A MONTH.
TELL HIM/HER TO WRITE IT OUT SEPARATELY AND KEEP A COPY (They almost certainly will not let him make xerox copies, so write another copy to be mailed to you and he/she keeps a copy). KEEP A RECORD OF EVERYTHING – THE FACTS ARE WHAT WILL MAKE YOUR CASE, AND WITHOUT THEM YOU WILL BE IN A HELL OF A MESS!
Here is what I tell inmates with medical problems being neglected:
CCS was the “Health Care Provider” at the time. Name the health care contractor in YOUR prison … Corizon? MHM? Wexford? CCS? CMS?
This worked every time I had to file one for myself or to save another inmate’s life!
INJUNCTION = for medical care.
I had skin cancer and a hernia repaired – with each problem, after months of DOC “BS”, I had to file Petition for Injunction – “TRO and Preliminary Injunction”- in Court of Chancery to get them to take me to outside doctor. Did that 10 or 12 more times for myself and others. You can file pro se and in forma pauperis (get the form from law library = no filing fee). Be sure to state “there is no adequate remedy at law” and state “ I do swear under penalty of perjury that all facts related herein are true and correct”, relate your requests for care (history of sick calls, medical grievances),names, dates ,and what CCS did or did not do. State that you have asked for help for over X months and gotten “ a complete runaround” or “no solution to my serious health problem” or “prevarications, procrastination and preposterous poppycock” in return from CCS employees, as they usually avoid the issues to save money, and nobody holds them accountable to do the right thing. Emphasize the problems you are having – PAIN and discomfort and you need immediate treatment (surgery, proper diagnosis, or whatever the particular problem is) and your continued stress and anxiety at getting such a runaround from CCS and DOC. Attach a copy of your medical grievance asking them to get it fixed (if no med grievance filed yet, file one NOW (keep a copy) – asking to be taken to an outside doctor – medical specialist, i.e. gastroenterologist for ulcer or dermatologist for skin cancer or neurologist for possible brain damage/concussion).
IF YOU FILE THE PETITION THEY ALMOST CERTAINLY WILL TAKE YOU TO THE OUTSIDE DOCTOR because a) Ct. of Chancery judges are real smart, b) cases move much quicker than in all other courts, no jury, just a smart judge who knows what DOC is required to do, and c) the defendants do NOT want to be standing in front of that judge trying to explain why they have not done what they clearly are legally required to do! Cite 8th Amendment of the U. S. Constitution and claim DOC is engaging in ”deliberate indifference to my serious medical need” and cite the Delaware statute (or the one in YOUR state) which says DOC must provide reasonable medical care – 16 Del Code section 6536. Remind the Court that the U.S. and the Delaware Constitutions require them to provide reasonable medical care and they are not providing it. Be sure to send a copy of your “Petition for TRO, Preliminary and Permanent Injunction” to the AG’s office and to CCS or the law firm representing them if U can find out who that is. On the “Certificate of Service” you state that you have mailed a copy to them. Keep a copy of everything filed in court.
If you have been seriously injured or ill and neglected, (and I mean seriously, i.e. lost limb, cancer, excruciating pain … they will not get involved with relatively minor matters, sorry to say. You need to be seriously ill or damn near dead to get their interest!) contact Steve Hampton, Esq. Grady & Hampton, 6 N Bradford St. Dover, DE 19904, 302-678-9122. Steve is one of very few who will sue DOC, and he is an honest, thorough, very competent attorney.
Read this whole #@!&! Thing again!
Questions? CALL me at 302-423-4067 NO CHARGE TO TALK TO ME!
You can send donations and/or payments to the address below, or if you have a debit card you can send money on Facebook. ANY amount as a donation is much-needed and greatly appreciated. Thanks. Should you need to hire me, any donation will be credited toward any fee.
Ken Abraham, 430 Kings Highway, #414, Dover, DE 19901