Dr. Marc Blatstein Blog, Medical, Preparation, Sentence Mitigation, White-Collar

YOUR MEDICAL RECORD, WRITTEN INTO YOUR PERSONAL NARRATIVE

TURNS YOUR PSR INTO A ‘MEDICAL REFERRAL’

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Dr. M. Blatstein

Dr. M. Blatstein

WHITE-COLLAR SENTENCE MITIGATION SOLUTIONS | PHYSICIAN PRESENTENCE REPORT SERVICE | PRISON CONSULTANTS

ENSURE ITS ACCURACY – YOUR LIFE MAY DEPEND ON IT.

DON’T FOCUS ON WHAT YOU CAN’T CONTROL

 

Project 2025 has ignited a significant internal shift affecting all government agencies, including BOP employees and inmates. Ongoing staffing shortages, coupled with salary reductions, are exacerbating staff turnover. This situation has a ripple effect on inmates, resulting in delays or denials of medical care and long waiting lists for FSA programs, some of which are temporarily closed. Overall,

 

5-2024, DOJ OIG Releases an Inspection of the BOP’s Federal Correctional Institution Sheridan

Healthcare worker shortages are causing significant staff vacancies, resulting in a backlog of 725 laboratory orders and 274 pending X-ray orders. Staffing shortages in the Psychology Services and Education Departments have also created long wait times for programs like the Residential Drug Abuse Program (RDAP).

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12-2024, DOJ OIG Releases an Inspection of the BOP’s Federal Medical Center Devens

FMC Devens faces a critical shortage of healthcare and correctional officers, with 20% of Correctional Services, 24% of Health Services, and 39% of Psychology Services positions unfilled. After the Clinical Director retires in June 2024, only one physician will remain to care for over 900 inmates.

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RATHER

 

 

Don’t wait to think about sentencing advocacy,” since 99 percent of federal criminal clients will be facing sentencing, start preparing the case for sentencing early on. Federal Judge Robert N. Scola

 

 

The importance of writing your personal narrative and including it in your pre-sentence report. Federal Judge Mark Bennett:

You’ve made the decision to go to trial; that’s completely understandable. It’s crucial to maintain respect during the proceedings. Don’t lose hope if the outcome isn’t in your favor; remember that only 0.2% of cases lead to acquittal. This isn’t the end of your journey—it’s merely a chapter.

You have a dedicated attorney supporting you, and you still have the opportunity to connect with your judge at sentencing through a thoughtfully crafted Personal Narrative and Allocution. Your Judge will want to speak with you – are you prepared? Stay resilient; your journey is far from over.

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MEDICAL: YOUR MEDICAL RECORD IS YOUR INSURANCE

If you have never been to the doctor or haven’t seen your physician (or dentist) recently, this is your opportunity to get a complete physical with EKG, EEG, or whatever other studies your physician feels are necessary, as well as to get your teeth cleaned, with x-rays. If you have a personal medical file, then please do not wait. All records must be included and reviewed by an expert before they get to your attorney. They know the law; most don’t know medicine. Doctors’ offices and hospitals are not all organized and waiting for you to come in and request your records; allow time for them to find misplaced records. Some may point you to use their “Portal.” Either way, all of this takes time.

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Getting into the details, all medical records include doctors’ records (office, hospital, surgery, pathology, etc.), Labs, Diagnostic Tests (x-ray, CT, MRI, PET, EEG, EKG, etc., [on paper, email, CD, and thumb drive]). Current Prescriptions: for medical devices and medications. Are your medications on the BOP Formulary or Non-Formulary List (there is a difference)? If they are not available, what is your plan? Is your attorney familiar with therapeutic Equilavents?

If you have a health problem, it is best to find this out now, not when you’re in prison. That would be the worst time. The BOP attempts to convince judges, congress, and the press that all medical care is covered – but that is not the case.

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EXAMPLES OF CARE DELAYED/DENIED…

Even some BOP Medical Centers (Hospitals) have short medical and correction staff. Therefore, even if the medication is available (and cheap), it should be provided, not  “arbitrarily changed or reduced.” This occurred to an inmate where a Federal Judge had to step in and have him released from FCI Florence in Florence, Colorado, to the nearest hospital as part of a Compassionate Request for Early Release.

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U.S. District Judge Roy Dalton

The Middle District of Florida wrote that the BOP should be “deeply ashamed” of how it treated the now-deceased inmate Frederick Bardell and held the Federal Bureau of Prisons in Contempt, 2022.

 

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Two years and counting. Inmate says medical delays still plague federal prison in Sheridan, Oregon, Jaclyn Diaz, Sep 1, 2024.

His symptoms began in 2022 at a different facility and consisted of severe abdominal pain, bloody bowel movements, and a swollen abdomen. His stomach on the right side is painful and sticks out like a grapefruit.

  • In 2022, while in Idaho, he underwent a colonoscopy, during which two polyps were removed.
  • Next, he was moved to SeaTac in Seattle and then to the federal facility in Sheridan, Oregon. Still, he hasn’t seen his biopsy results or doctors to review the res or treatment plan, if any.
  • “Nobody can tell me there isn’t something wrong with me.”

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PREPARATION ORGANIZED BEFORE YOUR INTERVIEW

Make sure your documents are thoroughly organized and free of spelling errors before submitting them as part of your Personal Narrative. Recheck, if your medications are an issue, that each drug is clearly identified by generic name (if generic) dosage, and frequency taken (as well as for how long, in years?). If it is a brand name or non-formulary drug, each potential drug that a BOP employee may choose should have been identified by your physician as to why it would not be usual and customary for you, affecting quality of life. If you have a very specific medical condition, this needs more clarification. Note up front that the BOP will defend their position that they can care for every type of illness. We challenge that.

Deliver your files, along with all requested information, to your Probation Officer at least one week before your scheduled meeting. This allows them to complete their Presentence Worksheet effectively. Now, your medical file may be embedded into your Presentence Report. Then, at your interview, if there were any issues like medications that are not on their formulary, these can be mentioned in the Presentence Report, also noting that the BOP does not take orders from the court regarding any medications or treatments.

During your meeting, they will have ample time to ask any lingering questions they may have. It is crucial to leave a strong impression during this meeting; it could lead them to recognize that 1) you’ve taken this situation seriously, 2) you value their time, and 3) you are not that same evil person that your Indictment portrays.

Ultimately, this favorable perception could translate into a positive remark to your judge, significantly impacting your case.

I was grateful to have the judge mention that the required drug for a client was not available and that this judge understood that the BOP would not accept any order from the court. This was good because, if needed, that judge may be willing to consider a Compassionate Release–Second Look Act based on medical reasons should their health decline.

If you find this helpful, please subscribe and share it with your colleagues. With more to follow, should you have any questions, are interested in engaging my services, or have any suggestions for future topics, I am easy to reach 📞, and thank you for your time.

Marc, Dr. Blatstein

WHITE-COLLAR, SENTENCE MITIGATION SOLUTIONS

Humanizing Your Client Through Their Personal Narrative, Release Plan, and Allocution