Feature Articles

Gene C. Baldwin
Correctional Healthcare Consulting
5099 China Road * Tell City IN 47586
(812) 843-5048
www.gcbaldwin.com

“Solving Tomorrow’s Problems Today”

"Thwarting Offender Healthcare Litigation"

Work in corrections long enough and you will get sued, especially if you play a leadership role. Correctional healthcare in particular is a soft and frequent target for litigation.

However, the better you understand what motivates offenders to file legal claims, the more prepared you will be to thwart (or even pre-empt) them.

Aside from the obvious attraction to easy money, some offender claims are also based on a sense of vengeance or spite inspired by a perceived injustice. Some offenders possess a pathological sense of entitlement or narcissism, while others hope to gain peer status. Even "entertainment value" can come into play.

The allegations set forth in these claims tend to settle around certain themes. In the prison setting, where a wide variety of job assignments are available, many claims will involve allegations of work-related injury/disability. A jailed offender, on the other hand, may be more likely to allege injury during arrest or transport.

Jails and prisons alike will see claims involving the use of force and restraint equipment. Healthcare staff in both settings will be charged with allegations of negligence, deliberate indifference, incompetence, malpractice, discrimination and cruel or unusual punishment.

In addition to exploring the motives behind the suit, your approach to thwarting the litigious offender should also:

	Show that the level of care compares favorably to that available on the outside.
	Demonstrate ongoing adherence to established P&Ps and directives.
	Detail how diagnostic reports, outpatient evaluations and other documented clinical activities reveal the absence of actual injury or illness, or the presence of a previous injury or illness.
	Reveal how the claimant has continued to pursue unhealthy lifestyle choices or recreational activities; has refused medication or treatment; is non-compliant with special diets, medication or medical instructions.
	Highlight inconsistencies in the claimant’s portrayal of events -- dates, times, locations, staff or other offenders involved.
	Seek out errors in the logic the offender has used to structure his/her case. Again, this logic will be expressed through the motives, perceptions and beliefs of the individual offender.

Successful application of this approach will establish the basis for the dismissal of the case. Integrating this approach into the operation of your healthcare program will help pre-empt claims as well.