26-g-2 Right to Refuse Medical Treatment
| Library | A Jailhouse Lawyer's Manual (2020 Edition) |
26-G-2. Right to Refuse Medical Treatment
Some people, for a variety of reasons, choose to refuse medical treatment. Competent people- people who can think and understand well enough to make medical decisions for themselves-have the right to refuse treatment, even if it means they will die as a result.157 However, your right to refuse treatment is limited as a prisoner.158 Most courts have held that prisons can treat TB-infected prisoners without their consent.159 Courts balance your interest in refusing treatment with the prison's "legitimate penological interest" in preventing the spread of disease. Courts will also consider whether the prison's...
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