What Happens If You Get Sick in Prison?

When an individual is incarcerated in a U.S. correctional facility, the responsibility for their medical care shifts entirely to the state or federal government. This healthcare system operates under unique constraints, including security protocols, limited resources, and the high prevalence of chronic and acute health issues within the population. The process for receiving medical attention differs significantly from seeking care in the community, beginning with the formal procedures required to report an illness and access the facility’s medical unit.

Initiating the Sick Call Process

Access to medical attention in a correctional setting typically begins with the “sick call” process, the non-emergency method for reporting an illness or injury. An incarcerated person must formally initiate this process, usually by submitting a written request known as a “kite” or “sick slip,” though some facilities use electronic kiosks or verbal requests made to correctional staff. These requests are collected and reviewed by medical personnel, usually a Registered Nurse, to determine the urgency of the complaint.

This initial review is a form of triage, where the nurse prioritizes the requests based on the perceived severity of the reported condition. Requests are generally scheduled for routine sick call rounds, which may occur daily or several times a week. If a request is deemed urgent but not an emergency, the appointment will be scheduled sooner, often within 24 to 48 hours, while true emergencies bypass this system entirely.

Standard Medical Treatment and Triage

Once a request has been triaged, the individual is scheduled for a visit to the facility’s medical unit. The healthcare staff encountered often includes Licensed Practical Nurses (LPNs) or Registered Nurses (RNs) for initial assessment; Physician Assistants (PAs) or physicians provide higher levels of care. Treatment for common, acute illnesses like a cold, minor cuts, or rashes is managed within this setting.

A common feature of this system is the imposition of co-pays or administrative fees, which incarcerated individuals must pay for requesting a medical visit or for certain prescriptions. These fees, which can range from $2 to $8 per visit, represent a significant financial barrier, as prison wages are often extremely low. Studies indicate that these charges can deter people from seeking necessary care, particularly for chronic conditions, leading to delayed treatment.

Addressing Chronic and Emergency Conditions

Managing long-term illnesses requires a more structured approach than routine sick call. Individuals with chronic conditions like hypertension, diabetes, asthma, or HIV/AIDS are enrolled in a Chronic Care Program. This program mandates the creation of an Individual Treatment Plan (ITP) developed by a qualified practitioner, which outlines necessary medications, diagnostic testing frequency, and follow-up appointment intervals.

Emergency medical situations, defined as an immediate threat to life or limb, trigger a separate, rapid response protocol. Both medical and correctional staff are responsible for responding, with correctional officers often trained in first aid and CPR to provide initial stabilization. If the condition requires a level of care beyond the facility’s capabilities, such as surgery or specialized diagnostics, the individual is transferred to an outside hospital or specialized medical facility under appropriate security escort.

The Constitutional Right to Healthcare

The foundation of healthcare provision in U.S. correctional facilities is rooted in the Eighth Amendment to the Constitution, which prohibits cruel and unusual punishment. The Supreme Court established that the government has an obligation to provide medical care, and the failure to do so can violate this prohibition. This legal standard is known as “deliberate indifference to serious medical needs.”

“Deliberate indifference” is a high legal threshold, meaning that simple medical negligence or malpractice does not constitute a constitutional violation. To prove a claim, an incarcerated person must demonstrate two things: first, that they had an objectively “serious medical need,” and second, that the prison official or medical provider was subjectively aware of that risk and consciously disregarded it. A serious medical need is one that a physician has diagnosed as requiring treatment or one so obvious that a layperson would recognize the need for attention.

This constitutional requirement mandates that the correctional system must provide “adequate” care, but it does not require the provision of the best possible care or unqualified access to every medical provider. The system is designed to meet this minimum legal standard, which explains why delays, triage, and administrative procedures are inherent features of accessing care within the secure environment.