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Civil Rights: Prisoners’ Right to Treatment Information under Pabon v. Wright
Published online by Cambridge University Press: 01 January 2021
Extract
In Pabon v. Wright, the Second Circuit held that the Fourteenth Amendment right to refuse medical treatment contained a corollary right to the information necessary to make an informed decision. Plaintiff, William Pabon, was an inmate at Green Haven Correctional Facility in New York (Green Haven). He named two groups of defendants: his doctors and nurses at Green Haven and his doctors at Dutchess Gastroenterologists, P.C. (Dutchess).
In October 1996, a laboratory test indicated that Plaintiff may have contracted Hepatitis C. The Green Haven doctors referred Plaintiff to Dutchess for additional testing, where additional tests confirmed that Plaintiff had Hepatitis C. In July 1997, Plaintiff returned to Dutchess for additional evaluation, and the physicians told him that he must undergo a liver biopsy in order to receive treatment for his condition.
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- Copyright © American Society of Law, Medicine and Ethics 2006
References
2006 U.S. App. LEXIS 20117 (2d Cir. Aug. 3, 2006).Google Scholar
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White v. Napoleon, 897 F.2d 103, 113 (3d Cir. 1990) (holding that prisoners “retain a limited right to refuse treatment and a related right to be informed of the proposed treatment and viable alternatives”).Google Scholar
Benson v. Terhune, 304 F.3d 874, 884–885 (9th Cir. 2002).Google Scholar