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Abstract: 

There is no primary constitutional duty for correctional custodians to maintain health care records. Persons in penal confinement are owed a right to minimally adequate treatment for their serious mental (or medical) illnesses. It is the right to treatment with all of its nuances and hidden crevices that is the primary right. However, of logical necessity, any such primary right sits astride a host of ancillary or supportive rights. Is it possible that an individual prisoner could receive constitutionally adequate mental health care without adequate supportive records? Yes. Is it likely? No. Without a standardized and reasonably complete medical and mental health file, the individual is in jeopardy and the system is exposed to liability.

Keywords: Ruiz v. Estelle; prerequisite to continuity of care; liability factors; deficient mental health records; Dulany v. Carrahan; Hendrix v. Faulkner; Burks v. Teasdale; Laaman v. Helgemoe; Cody v. Hillard; Dawson v. Kendrick; Lightfoot v. Walker; Coleman

Affiliations:  1: Executive Editor .