title: The Estelle medical professional judgment standard: the right of those in state custody to receive high-cost medical treatments.
abstract: This Article discusses the rights of prisoners, pretrial detainees, and the involuntarily committed to receive high-cost medical treatments. More specifically, the Article analyzes U.S. Supreme Court and lower court case law dealing with the medical care rights of those in state custody and argues that, under a proper understanding of this case law, the financial considerations of states should play no role in determining the rights of these people to receive high-cost medical care. Finally, the Article defends the current medical care standard against various critiques.
authors.affiliation: University of Pennsylvania.
authors.forename: M J
authors.initials: MJ
authors.lastname: Posner
mesh_terms: D017048:Health Care Costs / Q000331:legislation & jurisprudence*; D006297:Health Services Accessibility / Q000191:economics / Q000331:legislation & jurisprudence*; D006801:Humans; D033222:Judicial Role; D028642:Persons with Psychiatric Disorders; D010344:Patient Advocacy / Q000191:economics / Q000331:legislation & jurisprudence*; D028701:Patient Rights; D011329:Prisoners / Q000331:legislation & jurisprudence*; D012935:Social Justice; D035521:Supreme Court Decisions; D014481:United States