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Virtually every U.S. jurisdiction provides gynecological and obstetrical services to its female inmates. Under normal circumstances, the practitioner providing these services would be a gynecologist who had completed specialized residency training in the study and treatment of the diseases of the female reproductive system, including the breasts. Generally, this training also includes obstetrics (the care of the pregnant woman) and integrates the medical and surgical care of women's health throughout their life span. The study of obstetrics and gynecology includes the physiologic, social, cultural, environmental, and genetic factors that influence disease in women. Individual obstetrician-gynecologists may choose a wide scope of practice, to include the care of pregnant women and surgical procedures on the reproductive organs, or a more focused practice that limits care to ambulatory (office-based) services. In some cases, other medical practitioners, including nurse practitioners, nurse midwives, physician assistants, and physicians from other specialties such as family medicine or internal medicine, may provide gynecologic or obstetrical services. In prison, the credentials of the health practitioners providing these services to women are uncertain.

Three national organizations accredit correctional health care facilities: the National Commission on Correctional Health Care (NCCHC), the American Correctional Association (ACA), and the Joint Commission on Accreditation of Healthcare Organizations (JCAHO). Accreditation by NCCHC, ACA, or JCAHO is not mandatory in order for an institution to provide medical services to inmates. As one part of the accreditation process conducted by these national organizations, periodic site visits and reviews of inmate health care records are conducted to determine the quality of care provided. However, at these site visits, the use of gynecologic health care parameters, such as the percentage of inmates who have had Pap smears performed, are not routinely used in the review process. As a result, women's health issues are often marginalized in policy decisions.

Women in Prison and their Health Problems

Over the past 20 years, there has been a greater than fivefold increase in the number of women incarcerated in the United States, with the preponderance in state facilities. A number of health profession organizations and human rights groups have been calling attention to the inadequate health care provided in our prisons and jails. The ratio of incarcerated, HIV-infected women to men is 3:1, in large part a result of their intravenous drug use, sexual abuse, prostitution, and sexual encounters with men of high-risk behavior profiles. For many of the same reasons the female inmate population is high risk for HIV infection, they are also high risk for other sexually transmitted diseases and gynecologic complications, such as cervical cancer.

Lawsuits

One way in which women have successfully lobbied for an improvement in the quality of obstetric and gynecologic health care within the correctional setting has been through the use of class action lawsuits. At the forefront of this effort is attorney Ellen Berry, who has worked on behalf of women prisoners for 24 years in the California state and federal prisons and several large California county jails. In 1985, Berry filed Harris v. McCarthy, on behalf of pregnant women prisoners at the California Institution for Women in response to a range of serious allegations concerning pregnancy care, including a very high rate of miscarriage and fetal demise, birth complications, and untreated medical emergencies. At that time, there was no obstetrician-gynecologist to serve the 1,500 inmates. The settlement agreement in this case required the hiring of an obstetrician-gynecologist and the creation of a Pregnancy Related Health Care Team of an obstetrician-gynecologist, nurse practitioner, registered nurse, and social worker to evaluate and handle each pregnancy case based on the then current American College of Obstetricians and Gynecologists (ACOG) standards. Subsequent cases, including Jones v. Dyer (1986) on behalf of pregnant women in the Alameda County Jail and Yeager v. Smith (1987) on behalf of pregnant and postpartum women at the Kern County Jail, were successfully settled, again relying on ACOG guidelines of care.

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