Jump to content

  • Welcome to Celiac.com!

    You have found your celiac tribe! Join us and ask questions in our forum, share your story, and connect with others.



  • Celiac.com Sponsor (A1):

    Celiac.com Sponsor (A1-M):

  • Get Celiac.com Updates:
    Support Our Content
    eNewsletter
    Donate

Legal Rights

minton

By minton
in Coping with Celiac Disease

Recommended Posts

minton Contributor
minton
Posted

Okay so I watch alot of medical shows like House and also Law and Order type shows (I'm debating a career in medical field or a career in law haha). And I started thinking after switching between Law and Order and House marathons one day...

If a celiac goes to jail, what are their legal rights for keeping the gluten free diet? DO they even have rights to stay on a medical diet? What do they do for those circumstances? If a celiac or other food allergic individual goes to jail and gets "poisoned" by the food provided, do the have legal recourse? What about their families if the individual dies from such "dietary abuse?"

What about such an individual in a hospital if they were to get "poisoned" and either became very ill or died?

Or a psych ward? Or any other place of confinement?

It really makes me wonder...does the government have an obligation to those it holds in confinement to keep them alive and protected from quite literally poisoning?

I don't know, it really made me wonder...Does anyone know the answers to this stuff?

Celiac.com Sponsor (A8):
Celiac.com Sponsor (A8):

Celiac.com Sponsor (A8-M):


mef Newbie
mef
Posted
Okay so I watch alot of medical shows like House and also Law and Order type shows (I'm debating a career in medical field or a career in law haha). And I started thinking after switching between Law and Order and House marathons one day...

If a celiac goes to jail, what are their legal rights for keeping the gluten free diet? DO they even have rights to stay on a medical diet? What do they do for those circumstances? If a celiac or other food allergic individual goes to jail and gets "poisoned" by the food provided, do the have legal recourse? What about their families if the individual dies from such "dietary abuse?"

What about such an individual in a hospital if they were to get "poisoned" and either became very ill or died?

Or a psych ward? Or any other place of confinement?

It really makes me wonder...does the government have an obligation to those it holds in confinement to keep them alive and protected from quite literally poisoning?

I don't know, it really made me wonder...Does anyone know the answers to this stuff?

From watching American Jail and visiting a maximum security prison, yes, they have a right to maintain a dietary requirement. You can watch TruTV/american jail and the arrestees always go through an intense medical screening. Does it mean it always is available? Probably not. You really don't want to stand out in jail...

If you are really interested, you would have to look at both state and federal law.

spinsterwitch Rookie
spinsterwitch
Posted

Once you are diagnosed with Celiac, then yes they would need to provide you with a strict diet. It is a serious medical condition and the elimination of gluten is currently the only treatment. I work for a dialysis center, and I know that they have to provide dialysis and appropriate dialysis medications to their inmates.

As for the hospital, the same should be true.

There are 2 problems with all of this...1) being diagnosed is the big key. If you cannot prove to a prison that you have the disease, I don't think they have to do this. 2) Cross contamination.

DarkIvy Explorer
DarkIvy
Posted

^So then, in other words, celiacs, stay out of trouble!!

It's funny that you mention it though, I was wondering about this the other day.

YoloGx Rookie
YoloGx
Posted

Its a good question. And a big hassle if one just goes to a hospital here in the States!! Not to speak of getting into trouble. LOL!! One reason I really want to go to Europe. Both as an artist and a celiac I hear its a lot better over there... And no I have no desire to get into any more hot water than I already am just having to convince my recalcitrant relatives I have a real condition...

Bea

home-based-mom Contributor
home-based-mom
Posted

More than one poster has mentioned that gluten triggers severe irrational anger in either themselves or someone they know. It has occurred to me that the entire prison population would be better off totally gluten free. Maybe some inmates would never even be there in the first place and everyone would behave better without gluten.

Just a thought.

caek-is-a-lie Explorer
caek-is-a-lie
Posted

Yeah they do have to accommodate you. There are lots of people in jail with dietary restrictions, like diabetics, etc. And lots of people on medications, too. However, the system is far from perfect and mistakes happen or you get some jerk who refuses to comply. I've seen stupidity abound at jails. Also, sometimes right at the beginning of a jail/prison sentence it takes a few days for communication to go through the proper channels from your Dr. & Lawyer to the right person for you to get your meds or proper diet. If you died from "dietary abuse" after proper steps were taken and documented to try and get you help, then your family would probably file a wrongful death suit against the city or state, depending on where you were confined.

I'm not an attorney...I just worked in the criminal justice field for awhile.

Celiac.com Sponsor (A8):
Celiac.com Sponsor (A8):

Celiac.com Sponsor (A8-M):


one more mile Contributor
one more mile
Posted

It took us three days to get a breathing machine in to jail for someone who had already "died" once in his sleep.

Most diabetics in Jail in county in Pennsylvania have a blood sugar of 250. Sunday brunch in county jail is always toast, french toast sticks and maybe a doughnut. They nearly killed my friend with his gastric bypass. If you make it to jail good luck. So far diabetics and people with gastric bypass have not had any luck. People with ADD are also not getting their medications in jail.

What the law states and what reality is do not match.

one more mile.

mindiloo Rookie
mindiloo
Posted

Legally, yes, a person in any type of prison or medical ward must be kept healthy. Even if a prisoner needs a heart transplant, they are required to put him on the transfer list and bump him up accordingly as if he were a regular citizen. Therefore, in a legal sense, a person with celiac would be required to have a completely gluten free diet with safety precautions to prevent from cross contamination.

Unfortunately, that's the not truth of the matter. Inmates are also required to get exercise and be rehabilitated as long as they are not confined to solitary, but that rarely happens to the levels it is required. When budget cuts come, that's the first to go. The prisons may give the inmates gluten free food, or things they say are gluten free, but unless they're in the prisons reserved for the rich and famous I doubt there would be care taken to make sure that it was carried out safely. Many times it's other prisoners preparing food and they most likely don't know nor care what would be needed to keep the food gluten free. It's not necessarily that correctional officers, wardens, etc don't care (although some would not) but they don't have the manpower or the money to see that it happens correctly.

I'm a criminology minor and one of my professors has worked in prisons for most of his life. We hear all the good and the bad about them.

Archived

This topic is now archived and is closed to further replies.

Go to topic listing
  • Celiac.com Sponsor (A19):


  • Member Statistics

    • Total Members
      131,855
    • Most Online (within 30 mins)
      7,748
    Tara M
    Newest Member
    Tara M
    Joined
  • Celiac.com Sponsor (A20):

  • Forum Statistics

    • Total Topics
      121.4k
    • Total Posts
      1m
  • Celiac.com Sponsor (A22):



  • Celiac.com Sponsor (A21):


  • Upcoming Events

  • Posts

    • cristiana
      Ibuprofen

      By cristiana · Posted

      @Colleen H   I am just curious,  when you were tested for coeliac disease, did the doctors find out if you had any deficiencies? Sometimes muscle pain can be caused by certain deficiencies, for example, magnesium, vitamin D, calcium, and potassium.   Might be worth looking into having some more tests.  Pins and needles can be neuropathy, again caused by deficiencies, such as iron and B12,  which can be reversed if these deficiencies are addressed. In the UK where I live we are usually only tested for iron, B12 and vitamin D deficiencies at diagnosis.   I was very iron anemic and supplementation made a big difference.  B12 was low normal, but in other countries the UK's low normal would be considered a deficiency.  My vitamin D was low normal, and I've been supplementing ever since (when I remember to take it!) My pins and needles definitely started to improve when my known deficiencies were addressed.  My nutritionist also gave me a broad spectrum supplement which really helped, because I suspect I wasn't just deficient in what I mention above but in many other vitamins and minerals.  But a word of warning, don't take iron unless blood tests reveal you actually need it, and if you are taking it your levels must be regularly monitored because too much can make you ill.  (And if you are currently taking iron, that might actually be making your stomach sore - it did mine, so my GP changed my iron supplementation to a gentler form, ferrous gluconate). Lastly, have you been trying to take anything to lessen the pain in your gut?  I get a sore stomach periodically, usually when I've had too much rich food, or when I have had to take an aspirin or certain antibiotics, or after glutening.  When this happens, I take for just a few days a small daily dose of OTC omeprazole.  I also follow a reflux or gastritis diet. There are lots online but the common denominators to these diets is you need to cut out caffeine, alcohol, rich, spicy, acidic food etc and eat small regularly spaced meals.   When I get a sore stomach, I also find it helpful to drink lots of water.  I also find hot water with a few slices of ginger very soothing to sip, or camomile tea.  A wedge pillow at night is good for reflux. Also,  best not to eat a meal 2-3 hours before going to bed. If the stomach pain is getting worse, though, it would be wise to see the doctor again. I hope some of this helps. Cristiana    
    • Me,Sue
      Knowing what to do when feeling unwell.

      By Me,Sue · Posted

      I was diagnosed with coeliac disease a couple of years ago [ish]. I love my food and a variety of food, so it's been hard, as it is with everyone. I try and ensure everything I eat doesn't contain gluten, but occasionally I think something must have got through that has gluten in. Mainly I know because I have to dash to the loo, but recently I have noticed that I feel nauseous after possibly being glutened. I think the thing that I have got better at is knowing what to do when I feel wiped out after a gluten 'episode'. I drink loads of water, and have just started drinking peppermint tea. I also have rehydration powders to drink. I don't feel like eating much, but eventually feel like I need to eat. Gluten free flapjacks, or gluten free cereal, or a small gluten free kids meal are my go to. I am retired, so luckily I can rest, sometimes even going to bed when nothing else works. So I feel that I am getting better at knowing how to try and get back on track. I am also trying to stick to a simpler menu and eat mostly at home so that I can be more confident about what I am eating. THANKS TO THOSE WHO REPLIED ABOUT THE NAUSEA .
    • Francis M
      The Happy Tart review

      By Francis M · Posted

      Thanks. Since the back and forth and promises of review and general stalling went on for more than six months, the credit company will no longer investigate. They have a cutoff of maybe six months.
    • Scott Adams
      The Happy Tart review

      By Scott Adams · Posted

      Is this the same restaurant? https://www.facebook.com/TheHappyTartFallsChurch/ Is it too late to take this up with your credit card company? Normally you have a few months to do a chargeback with them. It seems very odd that they are taking this approach with someone who is likely to be a regular customer--not a good business-minded way of handling things!
    • Scott Adams
      Stomach burning and neuropathy

      By Scott Adams · Posted

      Many people with celiac disease, especially those who are in the 0-2 year range of their recovery, have additional food intolerance issues which could be temporary. To figure this out you may need to keep a food diary and do an elimination diet over a few months. Some common food intolerance issues are dairy/casein, eggs, corn, oats, and soy. The good news is that after your gut heals (for most people who are 100% gluten-free this will take several months to two years) you may be able to slowly add some these items back into your diet after the damaged villi heal. This article may be helpful: The most common nutrient deficiencies associated with celiac disease that may lead to testing for the condition include iron, vitamin D, folate (vitamin B9), vitamin B12, calcium, zinc, and magnesium.  Unfortunately many doctors, including my own doctor at the time, don't do extensive follow up testing for a broad range of nutrient deficiencies, nor recommend that those just diagnosed with celiac disease take a broad spectrum vitamin/mineral supplement, which would greatly benefit most, if not all, newly diagnosed celiacs. Because of this it took me decades to overcome a few long-standing issues I had that were associated with gluten ataxia, for example numbness and tingling in my feet, and muscle knots--especially in my shoulders an neck. Only long term extensive supplementation has helped me to resolve these issues.        
×
×
  • Create New...

Important Information

NOTICE: This site places This site places cookies on your device (Cookie settings). on your device. Continued use is acceptance of our Terms of Use, and Privacy Policy.