However, there are instances where the governmental interests that might outweigh the incarcerated individual’s right to refuse medical treatment: preservation of life; …show more content…
The colors and often crowded conditions in jails and prisons create an environment of increased risk for the spread of TB. The spread of TB is a special concern in corrections institutions because of the close living environment, which can facilitate the spread of the disease, and the interaction that has been identified between TB and HIV infection, which is also prevalent in many corrections institutions. For the protection of inmate’s jail and prison staff should take steps to test for and treat the disease, in accordance with current recommended standards of control and care. In Doe v. Delie, the court ruled that prisoners have a right to privacy in their HIV status, and prison officials should take appropriate steps to prevent the unnecessary disclosure of the prisoner’s condition. With respect to legal issues, the main concerns have been lawsuits brought alleging failures to take adequate steps to prevent the spread of the disease, thereby placing other inmates (and staff, for that matter) at increased