TT1488,
Be sure your legal council uses the Americans with Disabilities Act to back up your suit. This actions you describe are not different that not providing a wheel chair for a paraplegic in prison, it is a matter of survival, not an optional luxury. Diabetes is now covered in the ADA act, just a blind or wheelchair bound person.
Ok but it is My word vs Theirs. Who is to say anyone is to take me seriously in a suit? My proof is my word and you know anyone looking to avoid a lawsuit will try and shut "heresay" down even though "heresay" seemed to work against me in court. I did not have the option or leisure to record a convo like they have. I will go in there and speak the truth but something tells me these heartless people will contest my efforts.
It may be insensitive of me, but my curiosity is getting the best of me here...what were you wrongfully convicted of doing that landed you in the pokey?
[quote user="TT1488"]
Ok but it is My word vs Theirs. Who is to say anyone is to take me seriously in a suit? My proof is my word and you know anyone looking to avoid a lawsuit will try and shut "heresay" down even though "heresay" seemed to work against me in court. I did not have the option or leisure to record a convo like they have. I will go in there and speak the truth but something tells me these heartless people will contest my efforts.
[/quote]
That's how it always is. They will always try to discredit you. The burden of proof is upon you. Even if a lawsuit doesn't pan out, you can still work on getting things changed within the jailing system so there is better treatment for diabetics - including things like diet/snack plans, better glucose control, emergency kits, etc. That would be a huge step for the d-world. Even when in prison (whether or not they deserve to be there), proper healthcare is important.
As far as evidence, I'd think they have to keep records of when you went to medical, and when you got insulin. They may have records of your BG tests and what insulin amounts you were given. You would want your lawyer to get ALL records related to your medical care and then also obtain copies of the prison SOPs (Standard Operating Procedures) for handling patients with diabetes or other medical conditions. They obviously had some plan because you said you got the special diabetic food tray (which was not so special). I would also get your A1C tested ASAP if you haven't already. If you had an A1C anytime in the 3mos before going into prison, or while in prison, you would want that record. If it has gone up, right there you have evidence that your care was not as good as it had been.
You would not be able to provide evidence of any requests you made to a guard to get extra medical attention. However, a lawyer may help with what can be done around that. I'd think the lawyers with JDRF or the American Diabetes Assoc. should also be able to figure out what evidence will help and will understand diabetes care too and what is acceptable, vs. good.
I am sorry to read about your experience and applaud your efforts to make some good come out of a bad situation.
Thank you all for your input. It seems like a game plan is forming. I will go head on with this regardless of whether it looks like there will be a Victory or not. A voice in this whole thing is a powerful tool. And maybe other D prisoners will file grievances and step things up. I will do all in my power to make a change with this. I appreciate the feedback and follow through here. Something has to and will be done. TY
Wow! Thanks for sharing your story! I cannot wrap my head around the fact that, even though you are in prision, you are stripped of you health, so called, rights and for the fact that you wouldnt be able to test during the night scares me!
Congrats on making it through! and I hope you grow and make a difference because of this experience!
Hey all sorry I have been delinquent in my postings. Been working like crazy. I have a $20,000 lawyer bill that I have to pay back. My lawyer is working on my case vs the federal government. It is a slow process because we know the government is not going to be happy hearing they actually have to pay out. But patience is a virtue and I'm willing to go the distance for an overall victory. I will come on more to keep everyone updated. Anything to help a fellow D.
Thanks for sharing your story! I had no idea this went on in prison. Thank God you made it out of there alive. You may have been there for a reason.....so you can be an advocate for other diabetics in prison. Let your voice be heard! :)
Wow I'm just sick over how you were treated but not at all surprised. Kudos to you for fighting and you have us fighting alongside of you. I wonder if there is anyone we can write letters to to help somehow? If you need anything from us... ask. I'm more than happy to help be an advocate for others who were in your situation.
I can't even imagine how horrible you felt in there... I have a huge soapbox over our prison system in general ...
Hang in there! Crystal