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Prisoners Retain Right to Refuse Medical Treatment

Posted on April 21, 2010 by Dissent

Eugene Volokh alerts us to a decision in a case in which the Maryland Commissioner of Corrections went to court to compel a prisoner to accept treatment for end stage renal disease over the prisoner’s objections and refusal.  From the decision:

This case presents the question of whether the Commissioner presented sufficient evidence to override a competent adult inmate’s right to object to life-sustaining medical treatment. We shall hold that, under the circumstances of the present case, the Commissioner’s non-specific claim of preservation of life, safety, and security was insufficient to demonstrate that Reid’s refusal of medical treatment would cause a disruption or impact safety in the institution, or endanger the ethics of the medical profession.

The case is  Stouffer v. Reid.

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