Legal Developments
Author: Margaret R. Moreland, J.D., M.S.L.S..
Source: Volume 10, Number 05, July/August 2009 , pp.71-73(3)
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Abstract:
Troy Reid, a Maryland state inmate serving a 40-year sentence, was diagnosed with end-stage renal disease in July 2007, and a regimen of dialysis, three times a week, was prescribed. The inmate had also been diagnosed with HIV, high blood pressure, and anemia. Reid periodically refused to undergo the prescribed dialysis, sometimes for as long as several weeks. In North Carolina Department of Correction v. North Carolina Medical Board, 2009 N.C. LEXIS 349 (May 1, 2009) , the Supreme Court of North Carolina held that a position statement issued by the defendant in January 2007 regarding physician participation in the carrying out of a death sentence was inconsistent with North Carolina law. Sean Kendrick, a state inmate in Wisconsin, demanded to see an oncologist after a prison nurse practitioner discovereda large fatty mass on his right shoulder. She told him to see the prison’s doctor for further treatment. However, Kendrick’s sister, a nurse, advised him that he needed a blood test, MRI, and other procedures that should be performed only by an oncologist.Keywords: competency, jeopardize safety, Ethics, Execution Protocol, Deliberate Indifference
Affiliations:
1: Pace University School of Law Library.