-- NEW YORK, NY – 02/25/2026 – Jaehyun Oh, Partner at the Jacob D. Fuchsberg Law Firm, LLP, has published expert legal commentary in Law360 addressing constitutional protections for incarcerated individuals' access to their own medical information and health records.
The article, titled "Prisoners' Access To Health Info Should Have No Bars," published on January 23, 2026, examines the intersection of constitutional rights, medical privacy laws, and the obligations of correctional facilities to provide people in custody with access to their healthcare information.
The commentary draws on Oh's extensive experience litigating civil rights cases involving inadequate medical care in correctional settings. Her analysis explores how constitutional protections under the Eighth Amendment intersect with federal healthcare privacy regulations and state laws governing medical records access.
Key Points from the Analysis:
- Constitutional Foundations: The Eighth Amendment's prohibition against cruel and unusual punishment establishes the right of incarcerated individuals to adequate medical care. This includes the right to be informed about diagnoses, treatment options, and medical conditions—information that requires access to medical records.
- Barriers to Access: Many correctional facilities maintain restrictive policies that limit the ability of people in custody to obtain copies of their medical records, review test results, or understand their diagnoses. These barriers can interfere with informed consent, continuity of care upon release, and the ability to identify and challenge medical negligence.
- Legal Remedies: Courts have recognized that deliberate denial of access to medical information, particularly when it interferes with necessary care or creates risk of harm, can constitute a constitutional violation. Incarcerated individuals who are denied appropriate access may have grounds for civil rights litigation.
- Policy Implications: The article argues for correctional facilities to implement clear policies ensuring timely, complete access to medical records, consistent with both constitutional requirements and healthcare privacy regulations applicable to non-incarcerated patients.
The publication in Law360's Expert Analysis section reflects the firm's ongoing commitment to advancing legal protections for vulnerable populations and contributing to professional discourse on civil rights issues.
Oh's commentary comes amid growing national attention to healthcare quality in correctional settings, including recent high-profile cases involving preventable deaths due to inadequate medical monitoring and treatment. The Jacob D. Fuchsberg Law Firm has represented numerous clients in cases involving constitutional violations in jails and prisons, including inadequate medical care during drug withdrawal, failure to treat serious medical conditions, and denial of necessary medications.
"These cases are about fundamental human dignity," said Oh. "No one should suffer preventable harm because a correctional facility failed to provide adequate medical care or denied them basic information about their own health."
The firm continues to accept cases involving civil rights violations in correctional settings, medical negligence affecting incarcerated individuals, and wrongful deaths resulting from inadequate care in custody.
About Jacob D. Fuchsberg Law Firm, LLP:
The Jacob D. Fuchsberg Law Firm, LLP is a leading personal injury and civil rights law firm dedicated to representing victims of negligence, medical malpractice, and civil rights violations. With decades of experience, the firm has established a strong record of securing justice for clients throughout New York and in federal courts nationwide.
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