Bismilah ir Rahman ir Rahim. Al-Hamdulillah.
"SECURITY STAFF CANNOT DETERMINE AN INMATE’S MEDICAL NEED
OR EMERGENCY”
by Rufus West a/k/a Muslin Mans a. Lutalo lyapo. February 5,
2019.
The following is a
step by step complaint filing process that I took via the Inmate Complaint
Review System. (ICRS) to grieve about prison staff denying me access to medical
care,
INMATE COMPLAINT
On 7-13-18 after
Jumu'ah prayer, I messed up my back while trying to pick someone up off the
floor, which caused me some back pain. As the day progressed, my back pain was
getting worse and spreading down my leg. By 8:45 p.m., the pain was excruciating
and hurt even more when I attempted to bend at the waist, sit up straight, stand
UP, sit down, or put any kind of pressure on my left leg. The pain was so bad
and progressing that I had to do 1 prayer sitting down and the last one I was
unable to do because the pain distracted me from praying. A disturbance happened
that mandated that everyone lock in. So I submitted a DOC-3035 form (blue slip)
to be seen by the Health Services Unit (HSU)staff. By 11:55 p.m. I told C.O.
Larkin that l needed to see HSU because I have a medical emergency. He told me
that he can't stop right now and kept walking. At 12:07 a.m., I stopped C.O.
Kammer, told him about my back pain and that I needed to see HSU. He told me
that he believes noone is here from HSU. I told hi to call somebody. At
1:24a.m.,I stopped C.O. Kammer and asked him about me seeing HSU. He told me to
put in a blue slip. I told him that I had already done that. He said that I
Will have to wait until HSU responds. I then asked to speak to a Lt. or Capt., and
C.O. Kammer told me that-Capt. Elsinqer told him that my pain wasn't a medical
emergency and to go lock in.
ICE
REPORT
COMPLAINT NUMBER
GBCI-2018-15174
Summary of Facts:
Inmate West complains that he had back pain and staff denied him medical treatment.
He states that he was at Jumah and tried to pick an inmate off the floor which
caused him back pain. He states that later in the night the pain worsened and
he need(sic) to see HSU due to this medical emergency but staff didn't let him.
Officer Maher stated that when he was making rounds, Inmate West would come to
the door and complain that his back hurt. He contacted Capt. Elsinger and Capt.
Elsinger told him that back pain is not a medical emergency. Capt. Elsinger was
contacted and he stated that pack pain is not a medical emergency. RN Garland
stated Inmate West was seen on [sic] by HSU on Monday. Since Back pain is not a
medical emergency, the ICE. recommends dismissing this complaint. HSU treated
him on Monday.
INMATE COMPLAINT APPEAL
Their decision
failed to address my grievance that Sgt. Keller also denied my denial for
medical treatment for my pain when he responded to my need for him to contact HSU
that my pain was not a "medical" emergency, and then ordered me to go
lock myself in my cell. These security staff made a medical decision to deny me
medical treatment. In a previous complaint decision, MS Cynthia Thorne, in her
capacity as the final decision-maker in all medical complaints in the Inmate
Complaint Review System, "affirmed with modification" my Complaint
No.:CCI-2011-4950 wherein I alleged denial of medical care from a Sgt. who
refused to honor my request to contact HSU for
my medical problem. In her decision, Ms. Thorpe stated in her Reason(s)for
Decision: "If inmate ask officers to contact HSU for medical condition and
fail to do so, the officer exceed [sic] his job description because he just
made medical decision which he is not required to do. The situation here could
appear to routine and non-emergent, however, the nurse should have followed up
with this patient to determine what signs and symptoms he had and triaged the
problem. Therefore this is affirmed with modification directing this to the
HSM." (See enclosed Reviewer's Decision for Complaint, No. CCI-2011-4950,)
Like in the CCI decision, none of the GBCI security staff are medical staff yet
they made a medical decision to deny me access to medical care by making a
medical judgment and refusing to contact HSU. See enclosed July 20, 2018 letter
to me from GBCI’s Health Services Manager, J Lutsey). Consequently, GPCI
security staff exceeded their job descriptions.
CCE
REPORT
CCE's Recommendation:
affirmed. Contact with the HSU Nursing coordinator indicated that security staff
cannot determine an inmate's medical need or emergency. Security staff does not
have the medical background to determine such. The instance outlined in this complaint
and appeal should have been handied in accordance to DAI Policy 500.00.04 in
7eporting Health Concerns to On-Call Nursing Staff, in which, at least, a phone
triage with the on call nursing staff could occur. As well, according to the DAI
Policy 500.10.08, Access to care requires an inmate to be seen (or evaluated)
in a timely manner, and provided a professional clinical judgment, along ,with
assessment by a qualified, health professional, and receive determined care accordingly.
Therefore it is recommended this appeal he affirmed.
OFFICE OF THE SECRETARY
Decision Comments:
The following is the Secretary's decision
on the Corrections Complaint Examiner's recommendation of
09/26/2010 in the above appeal: The attached Corrections Complaint Examiner's
recommendation to AFFIRM this appeal is accepted, as the decision of the Secretary.
11/05/2018.
BRAVO LUTALO!!
