Medical Malpractice in Correctional Facilities: State Tort Remedies for Inappropriate and Inadequate Health Care Administered to Prisoners

• NCJ Number: 208216
• Journal: Prison Journal Volume: 84 Issue: 4 Dated: December 2004 Pages: 505-534
• Author(s): Michael S. Vaughn; Sue Carter Collins
• Date Published: December 2004
• Length: 30 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article analyzes civil actions in State courts in which correctional medical personnel and prison officials have been found liable for providing inadequate and/or inappropriate health care to inmates.

Abstract

The authors first define medical malpractice and negligence as occurring when the level and quality of services provided by a health-care official "departs from the standard of care provided by those with similar training and experience and results in harm to a patient or patients." The core of this analysis addresses court cases that have involved the administration of inadequate or inappropriate medication, the performance of inappropriate medical procedures, the inappropriate diagnosis of serious medical conditions, and undertreatment of serious medical problems. The article also describes the circumstances under which State tort liability attaches for negative health outcomes for inmates. Using the Westlaw online database, researchers identified correctional health care personnel who were sued in State courts between January 1, 1976, and December 31, 2001. They selected for analysis only those cases (n=21) in which the judgment of the court was against the correctional health care entity being sued and where the subject matter involved inadequate and/or inappropriate health care. A table summarizes the lawsuits by cause of action, institutional setting, and stage of formal judicial proceeding at which the action was taken. The case law suggests that too much correctional health care is inadequate and in need of improvement. The insular world of correctional health care rarely uses peer review of medical officials' work. Corrections managers must make every effort to employ qualified health care personnel, implement health care policies and protocols that meet national standards for correctional medical services, ensure that medical and correctional personnel receive proper training in health care policies and protocols, and establish measures to ensure accountability of medical and custodial personnel. 1 table, 6 notes, and 61 references