How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4634
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

My nephew is in prison in HMP Wayland. He suffers from

Resolved Question:

My nephew is in prison in HMP Wayland. He suffers from meniere's disease and extreme vertigo. The prison is fully aware of this and have his doctors records. 3 weeks ago the prison doctor advised that he should besent immediately to hospital as his menieres at the moment is critical in that he cannot keep any food down and has lost over a stone in weight, which can have an impact on your heart. the prison doctor also said that his heart should be checked because of an irregular ecg. The prison have still not taken him to hospital despite the fact that he is in dire medical need. He rings the emergency bell all the time, but no one comes - he cannot get off the floor and yet the prison say that they cannot take him to hospital because they have no spare staff. He needs help right now
Submitted: 2 months ago.
Category: Law
Customer: replied 2 months ago.
The prison need to take him to hospital as the doctor advised. Despite being violently sick and unable to get up he has not seen a doctor or been taken to hospital as recommended two weeks ago. The prison could get a doctor in to see him but have neglected to do that, because they say they do not have the staff to accompany him. This is a medical emergency and yet they have failed to act. He needs help right now - if his condition deteriorates or his heart suffers damage because of their neglect, he could get a lot worse.
Expert:  Jamie-Law replied 2 months ago.

Hello my name is ***** ***** I will help you with this.
Why are they just refusing to do anything? Is it just staff?

Customer: replied 2 months ago.
they say they have no staff available to take him to hospital.
Customer: replied 2 months ago.
I need to know what the law states in relation to the welfare of prisoners. It is likely that I will need to quote the appropriate law relating to the health of prisoners, in a letter to the governor/prison board/ombudsman and his MP. As the prison are failing him miserably. He has already lost over a stone in weight in 3 weeks. Do the prison have a duty of care for his physical health?
Customer: replied 2 months ago.
What law or laws are the prison in breach of - there must be something relating to his human rights here.....
Expert:  Jamie-Law replied 2 months ago.

Ok - then you need to make a formal complaint or consider an URGENT Judicial Review.
This is where a High Court just examines their refusal and decides whether its legal and reasonable.

A Court will either agree with the decision or make them take him to hospital.

But they do have a common law duty to care - they must take reasonable steps to make sure he doesnt come to harm.

For more information on Judicial Review please see:

http://www.publiclawproject.org.uk/data/resources/6/PLP_Short_Guide_3_1305.pdf

But that should resolve the matter by getting an urgent injunction and Judicial Review.

Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 2 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget as it is an important part of the online process! Thank you.

Please bookmark my profile if you wish for future help.

Jamie-Law and other Law Specialists are ready to help you