Ethical and Clinical Concerns for Incarcerated Pregnant Women and their Children

Abstract

In 1976, the legal ruling of the case Estelle v Gamble established the precedence of evaluating unjust healthcare practices and violation of Eight Amendment rights to prisoners with application of a test of deliberate indifference. Since this ruling, many more cases have emerged which present the complexity in application of the deliberate indifference test involving incarcerated pregnant women specifically. The practice of mass incarceration within this country has contributed greatly to the number of women and pregnant women incarcerated, without the necessary advancements or even establishment of healthcare standards within prisons to provide necessary care. Shackling of pregnant incarcerated in the course of their pregnancy and the practice of separating mother and child immediately at birth evidence the continuation of unacceptable practices occurring in the United States of America. To understand this topic and the issues involved, an understanding must be gained of the history, legal course, and healthcare practices faced by pregnant women and mothers who are incarcerated.