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by evanwise 1263 days ago
A root canal is also a fairly safe procedure but I would be rightfully upset if it was done to me without my consent.
1 comments

If you are in prison and have a serious tooth infection (and that can be fatal though rarely) then yes, the state can absolutely force you to have a root canal.

The state only has to show that the care is reasonably required for your meaningful health.

> If you are in prison and have a serious tooth infection (and that can be fatal though rarely) then yes, the state can absolutely force you to have a root canal.

This isn't really comparable; it would be like the prison forcibly removing your teeth because you may get a serious tooth infection and they don't want to be liable for that.

Well, not only are you evil, even worse: you're wrong. The only scenario in which the state can compel you to receive medical treatment while in prison is to ensure the safety of staff or other inmates (e.g. they can force a violent inmate to take anti-psychotics or force inmates to receive vaccinations to prevent the spread of disease). Otherwise, prisoners have the same rights to informed consent as you and I do.
At this point it's worth pointing out that this user has conspicuously ignored this and other replies that point out that, beyond any moral qualms, the user is woefully uninformed about the medical rights of prisoners. Dunning-Kruger strikes again.
https://www.ojp.gov/ncjrs/virtual-library/abstracts/prison-i...

Here's the OJP opinion for your reference. Specifically:

> ...court decisions show that prisoners often do not have the right to refuse treatment.

Nothing in this contradicts what I said. Prisoners have a right to informed consent which can be removed in certain circumstances, specifically to ensure the safety of staff or other inmates. You made a much broader categorical claim that prisoners simply do not have the right to informed consent and you are wrong. For example, here is a document from Tennessee outlining the scenarios in which an inmate can and cannot refuse care: https://www.tn.gov/content/dam/tn/correction/documents/113-5...

I'd suggest doing some actual research into the relevant case law, e.g. Washington v Harper, instead of just googling until you find something that can be misinterpreted to support your position. While prison administrators have wide leeway to force treatment they are still required to show that it's necessary, either for safety reasons or because the treatment was mandated as part of the sentence of the inmate.

> receive vaccinations to prevent the spread of disease

Here, my county and the one adjacent have two Sheriffs who are twin brothers, and are vehemently anti mask, etc. (Actually, one has since lost his bid for re-election).

Their attitude to the jails under their control was to _refuse_ to allow inmates to mask, even in dorm holding cells, and to refuse to vaccinate any prisoner against COVID who was in custody.

Do you understand that there's a difference between legal and moral?
He's also just talking out of his ass. Prisoners have informed consent rights just like you and I do.