Essay on "Inmate Health Care Issues"

Essay 3 pages (1099 words) Sources: 3

[EXCERPT] . . . .

In this court case, a Mr. And Mrs. Turner attempted to file a class action lawsuit against a group of health insurance carriers on the grounds that they had committed acts of fraud and willful, negligent misrepresentation. However, the lawsuit was dismissed earlier in 2011 by the Supreme Court of South Carolina on the grounds of summary judgment. This mandate was upheld based upon the fact that the plaintiffs were attempting to sue because a local insurance representative by the name of Douglas Milliman only made a series of recommendations to the couple when they inquired about health insurance policy, and that such recommendations are merely speculative and are not grounds for fraud or misrepresentation. Yet the pair purchased the health insurance policy on the ground in part based on the fact that Milliman said there would not be sufficient increases in the monthly premiums, which escalated from little over $100 at the outset of the policy to over $700 -- each month -- when the Turner's could no longer afford it. The plaintiffs only had the word of the insurance company to rely on -- yet when it comes down to the fine print of the legal rhetoric such a word was an "unfulfilled promise" and therefore "not actionable" (Gallivan, White, Boyd 2011). Furthermore, the summary judgment was upheld because the plaintiffs waited beyond the three-year statute of limitations to pursue legal action. This final reason is unfortunate, but the recommendations which were really just lies on the part of the health care industry are deplorable, incorrigible, and indicative of this fairly insidious capitalist scheme.

Neutralization is a term that refers to the process of reasoning whereby criminal actions may be justified by those committing them. The first technique, denial of responsibility, occurs when someone believes they were forced into illicit activity by extenuating, unavoidable circumstances, while the second technique, denial of injury, is based upon a belief that the illicit activity did no actual harm. The third technique, denial of the victim, is largely based upon the notion that the wronged actually deserved to be victimized (and that there was therefore no real wrong committed, while the fourth technique, condemnation of the condemners is indicative of the shifting of the blame of an illicit act away from the author of that act and to someone else. The fifth technique is known as an appeal to higher loyalties in which one validates illicit behavior by finding justifications from one's peers or friends, while the sixth technique, known as disbursement of blame invokes blaming someone or something else for an individual's illicit activity. The relevance in all of these techniques is that they help convince someone to do some sort of subversive behavior -- typically at the time that the act is committed.

References

Chen, S. (2009). "Prison healthcare costs rise as inmates grow sicker and sicker." CNN. Retrieved from http://articles.cnn.com/2009-11-13/justice/aging.inmates_1_prison-inmate-largest-prison-systems-medical-costs?_s=PM:CRIME

Holloway, L. (2011). "The Root: Inmate Health Care Another Kind of Prison." NPR. Retrieved from http://www.npr.org/2011/06/08/137055836/the-root-inmate-health-care-another-kind-of-prison

Gallivan, White, Boyd, P.A. (2011). "Alleged Fraud and Negligent Misprepresentation Case Defeated." GWBLawfirm. Retrieved from http://www.gwblawfirm.com/cs-alleged-fraud-and-negligent-misrepresent.php

Noyes, D. (2011). "Problems persist in prison health care system." ABC. Retrieved from . http://abclocal.go.com/kgo/story?section=news/iteam&id=7976780 READ MORE

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