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Wednesday, February 8, 2012

Hands on Medical

One of the college guys in here is in the middle of a grievance and charge appeal all arising out of a screwed up medical diagnosis.  His name is Mustafa and he’s a Muslim inmate (the first time I met him I thought he said his name was “Mufasa” as in “Mufasa, oh…scary” from “The Lion King”).  He’s 26 and a very soft spoken guy doing 7 years for a police stop that netted numerous pounds of weed, pills and powder cocaine.  That’s why he’s here, not why I’m writing this.
Last January Mustafa began having pains in his side and difficulty urinating.  As with most medical issues in here, he tried self treatment:  laying of weight-lifting, drinking more water.  The pain continued.  He sent first one request, then numerous follow-up requests to be seen by the “physician” (our “medical doctor” is a foreign-educated podiatrist; he is employed by a company contracted with DOC to provide medical services at this and most Virginia facilities).
For two months his requests were ignored.  In March, I helped him draft an “emergency grievance” (which requires a response within eight hours).  The response:  “not a medical emergency”.  That response is not surprising.  As I wrote a year ago, a young teacher’s aide with whom I worked suffered a burst appendix and was not seen until his mother called Richmond DOC headquarters.  Then, he was medevaced to MCB for a four day hospitalization.

A week after the denial of his emergency grievance, Mustafa was seen by the podiatrist.  After a quick rectal exam he was advised he had a “slight prostate infection” and put on ten days antibiotic regiment.  Within a month, the pain and urination difficulty resurfaced.  Mustafa again began the process of seeking medical treatment.  As before, he was repeatedly denied access to a physician until August.
In August, a fill-in physician examined him.  She’s a G.P. yet ordered no tests.  Instead, she advised “you have a bacterial infection” and placed him on antibiotics for 90 days.  The pain continued. 

Shortly after Thanksgiving, with no change in his symptoms, Mustafa’s family began repeated calls to Richmond and the warden here.  In an ironic twist neither the warden, nor medical director (recently promoted to Regional DOC Medical Director) responded to his family’s repeated request for copies of his medical file (Mustafa – in writing – authorized their release).  Mustafa was, however, sent for overnight observation to medical and his belongings packed up.  And here is where the real jerking around begins.
Three officers boxed Mustafa’s belongings up and at 1:40 am they were inventoried.  During the inventory, three loose Claritin tablets were discovered.  Because Mustafa (1) was not prescribed the Claritin; nor (2) had evidence he purchased them from commissary, he was charged with possession of unauthorized drugs – a series 100 charge – and taken to the hole.

In the hole a third doctor – another fill-in “rent a Doc” came to see him.  He laughed when he noted Mustafa had taken antibiotics for 90 days and then – without any testing – said (and this is a direct quote) “your problem is all because you masturbate too much”.  Got to hand it to the doc; he got to the meat of the problem!  I can’t begin to tell you how ridiculous all this sounds except, we are dealing with a young man’s health.
The law (you know, that thing that must be obeyed and its violation led Mustafa and the rest of us to be incarcerated) requires VDOC to provide adequate health care for the incarcerated.  When on-staff physicians cannot treat a condition, DOC must send that offender to outside specialists.

Even worse, after spending ten days in the hole (the penalty assessed by the hearing officer ), the IRD (Inmate Review Counsel – head of counseling, Assistant Warden and Security Chief) reduced Mustafa’s good-time earning from 4 ½ days per month (level “1”) to 0 days (level “4”).  That is the role of the IRC – good time decisions – even if the decision is harsh.  However, they then went back and added further penalties for his charge in clear violation of DOC procedures (830.1-830.3) which can constitute due process violations.  They have denied him visits for 60 days and telephone privileges for 60 days.  Is this in response to family pressure?
Is it any wonder so many released offenders recommit?

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