In the United States Prison officials are obligated under the Eighth Amendment to provide prisoners with adequate medical care. This principle applies regardless of whether the medical care is provided by governmental employees or by private medical staff under contract with the government. Inmates have a right to health care under the Eighth Amendment constitutional right against cruel and unusual punishment.
It is not a right to the best possible health care. But it is a right to at least…… that level of health care that a civilized society would think necessary.
Tragically, many inmates have long been denied even that minimal level of medical and mental health care, with consequences that have been serious, and often fatal. Inmates are forced to wait months or years for medically necessary appointments and examinations, and many receive inadequate medical care in substandard facilities.
Seriously mentally ill inmates languish in horrific conditions without access to necessary mental health care, raising the acuity of mental illness throughout the system and increasing the risk of inmate suicide. A significant number of inmates have died as a result of the failure to provide constitutionally adequate medical care.
Today, The Insider Exclusive Investigative News team, “Goes Behind the Headlines” on location in Minnesota with Mark R. Kosieradzki at Kosieradzki Smith Law Firm, in “JUSTICE IN AMERICA – Wanda Boswell’s Story” to report a landmark case, which established that an unconvicted person detained in jail is entitled to the same due process protection as an ordinary citizen.
Six and one-half month pregnant Wanda Boswell was stopped by the Sherburne County Sheriffs for an ordinary driving violation. A record check revealed two outstanding warrants in two other nearby counties for $150 dollars and $50 dollars. A grand total of $200, which Wanda did not have on her at 1 am in the morning, so she was arrested. Wanda had been driving home on a two-hour trip back to the Mille Lacs reservation, which she lived with her husband and their two children, after visiting with her sisters in the Twin cities.
During the booking procedure at the jail, Wanda informed the jailers, that she was 6-1/2 months pregnant, that she was having difficulties with her pregnancy, and that she was under the care of a physician, and provided their name and number. While in her cell, Wanda started hemorrhaging and immediately informed the jailers, but they made no attempt to contact Boswell’s physician or any other trained medical personnel for almost 10 hours.
Sherburne County Jail knew they had a problem on their hands because they sent a telex to the local counties that read as follows: ‘She has a warrant for your co. $50.00 bail. She also has a warrant in Becker Co. She has the bail of $150.00 for this one. She is 6 mo [sic] pregnant and is starting to bleed’. ‘What would you like done about your bail? We want her out of our facility as soon as possible. Any suggestions?’
Still no calls were made for Emergency Medical help because one County refused to release her for the $150 bail, Wanda lay in her cell cramped, bleeding and in great pain. Finally approximately 10 hours later, she was rushed to the hospital, but started delivering her baby in the ambulance. Her baby boy was born at the hospital and died soon after.
In the United States’ Bill of Rights, under Section 1983 of the Eighth Amendment right, the government is required to provide adequate medical treatment for prisons. In this Insider Exclusive Investigative Special, we visit with Mark R. Kosieradzki who discusses how Wanda Boswell got the justice she deserved. We will also get a better understanding to important issues like:
What does “Deliberate indifference to serious medical needs” mean?
And ….What kind of “adequate” health care is covered under the Eighth Amendment?
Mark has earned the highest respect from citizens and lawyers alike…. as one of the best Trial lawyers In Minneapolis…..In Minnesota….. And across the nation. He makes it his dedicated mission to get legitimate and truthful answers to what really happened to his clients in each case. He sees it his mission to fight for people who had been harmed by the willful or negligent actions of others. Mark has built a substantial reputation nationwide by consistently winning cases other law firms have turned down. His amazing courtroom skills and headline grabbing success rate continue to provide his clients with the results they need……And the results they deserve.
You can contact Mark Kosieradzki @ www.koslawfirm.com or 877 552 2873