Presented by:           Deana Johnson, Esq.              General Counsel            MHM Services, Inc.   djohnson@mhm-serv...
1.   Why Are You Being Sued: Important     Differences Between Medical     Malpractice and Section 1983 Claims2.   An Incr...
   History of 42 U.S.C. §1983   Why these cases are brought in federal    court   State law claims   Ability to bring ...
 14 th Amendment; 8 th Amendment; 1 st Amendment; and Retaliation .                        Essentials of Correctional ...
   Presuit requirements    ◦ Differ by State    ◦ Differ in federal and state courts   Claim must be supported by expert...
 v.
   Reporting adverse outcomes   Disclosure on applications    ◦ Licensure    ◦ Privileges/New Job    ◦ Insurance   Atto...
   These are not cases in which you are    named as a defendant   These are criminal or quasi-criminal    cases in which...
   Inmate challenges to criminal sentences    ◦ No longer just requested medical records    ◦ Now want informal interview...
   Cost    ◦ Forensic evaluation costs    ◦ “Expert” witness costs Civil Commitments Taking  Scare Resources Credibility
   Criminal and quasi-criminal caseloads    increasing    ◦ Same prosecutors and defenders    ◦ Same pot of money   Cost...
   Treating Provider    ◦ Knows Patient    ◦ Not Paid Extra    ◦ Sympathy for patient   “Hired Gun”    ◦ Reviewed docume...
   Unlike pro se suits, personal service    required   Adequate Notice   Witness Fee   Reasonable Wait Time   Right t...
   State of mind at the time of the crime = no    opinion    ◦ You did not being treating the inmate until sometime after...
◦ Free opinions make you a popular witness◦ Refusal to stray beyond factual observations  give them no reason to call you◦...
1.   Cast: Dr. Smith and Unit Manager2.   Facts:     a)   Issue is change from single to double cell     b)   Allegation a...
1.   Cast: RN and Program Manager2.   Facts:     a)   RN’s experience in corrections     b)   Receives notice inmate filed...
Deana Johnson, Esq.     General Counsel     MHM Services, Inc.djohnson@mhm-services.com            Essentials of Correctio...
Essentials of corr med presentation -understanding the legal enviroment in corrections
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Essentials of corr med presentation -understanding the legal enviroment in corrections

  1. 1. Presented by: Deana Johnson, Esq. General Counsel MHM Services, Inc. djohnson@mhm-services.com Essentials of Correctional MedicinePresented by: Correctional Medical Education Associates
  2. 2. 1. Why Are You Being Sued: Important Differences Between Medical Malpractice and Section 1983 Claims2. An Increasing Call for Testimony of Correctional Providers in Criminal and Quasi-Criminal Cases3. Real Life Scenarios
  3. 3.  History of 42 U.S.C. §1983 Why these cases are brought in federal court State law claims Ability to bring one lawsuit and include both federal and state law claims
  4. 4.  14 th Amendment; 8 th Amendment; 1 st Amendment; and Retaliation . Essentials of Correctional Medicine
  5. 5.  Presuit requirements ◦ Differ by State ◦ Differ in federal and state courts Claim must be supported by expert ◦ Competency of qualifications ◦ Competency of opinions Causation
  6. 6.  v.
  7. 7.  Reporting adverse outcomes Disclosure on applications ◦ Licensure ◦ Privileges/New Job ◦ Insurance Attorney’s fees Venue Course of proceedings
  8. 8.  These are not cases in which you are named as a defendant These are criminal or quasi-criminal cases in which one side wants you to testify as a witness How do you know whether it is a lawsuit or a subpoena
  9. 9.  Inmate challenges to criminal sentences ◦ No longer just requested medical records ◦ Now want informal interviews Inmate challenges to civil commitment decisions ◦ Increased # of states with these laws ◦ Increased types of crimes included therein
  10. 10.  Cost ◦ Forensic evaluation costs ◦ “Expert” witness costs Civil Commitments Taking Scare Resources Credibility
  11. 11.  Criminal and quasi-criminal caseloads increasing ◦ Same prosecutors and defenders ◦ Same pot of money Cost of forensic examinations ◦ Cost of experts Minimal cost of witness fees
  12. 12.  Treating Provider ◦ Knows Patient ◦ Not Paid Extra ◦ Sympathy for patient “Hired Gun” ◦ Reviewed documents ◦ High Fees ◦ Never met patient
  13. 13.  Unlike pro se suits, personal service required Adequate Notice Witness Fee Reasonable Wait Time Right to Limit Your Opinions
  14. 14.  State of mind at the time of the crime = no opinion ◦ You did not being treating the inmate until sometime after his conviction ◦ You have not conducted forensic exam State of functioning without medication = no opinion Opinion of actions of other providers
  15. 15. ◦ Free opinions make you a popular witness◦ Refusal to stray beyond factual observations give them no reason to call you◦ Don’t get in trouble with the Court but do not become everyone’s favorite witness because you want to “educate” people Essentials of Correctional Medicine
  16. 16. 1. Cast: Dr. Smith and Unit Manager2. Facts: a) Issue is change from single to double cell b) Allegation against Dr. Smith c) Dr. Smith a new employee and first time sued3. Issues: a) Is the suit reportable to the licensing board? b) Effect on the provider/patient relationship? c) Will more lawsuits follow? Essentials of Correctional Medicine
  17. 17. 1. Cast: RN and Program Manager2. Facts: a) RN’s experience in corrections b) Receives notice inmate filed a Board Complaint c) Inmate later files lawsuit about the same subject3. Issues: a) What should be reported to the insurer? b) Why are inmates permitted to file Board complaints? c) Who will pay to defend this case? Essentials of Correctional Medicine
  18. 18. Deana Johnson, Esq. General Counsel MHM Services, Inc.djohnson@mhm-services.com Essentials of Correctional Medicine

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