This document summarizes key issues around liability and risk management in correctional institutions. It discusses decision making, leadership, risk management, levels of liability, cost-benefit analysis, and safety and security considerations regarding staff, inmates, and the general public. Specific areas addressed include use of force, classification, medical care, suicide prevention, nutrition, religious accommodations, strip searches, grievance processes, and employment issues. The document stresses the importance of training, documentation, supervision, and policies/procedures in minimizing liability risks.
Addressing Liability And Risk In Correctional InstitutionsRheintz1
This document summarizes key issues around liability and risk management in correctional institutions. It discusses decision making, leadership, risk management, levels of liability, cost-benefit analysis, and safety and security considerations for staff, inmates, and the general public. Specific areas covered include use of force, classification, medical care, suicide prevention, nutrition, religious accommodations, strip searches, grievance processes, and employment issues. The document stresses the importance of training, documentation, supervision, and policies/procedures to reduce liability risks.
Peter Bistrian v. Levi -- Third Circuit Court of AppealsPeter Bistrian
This document describes Peter Bistrian's lawsuit against officials at the Federal Detention Center in Philadelphia. It summarizes that Bistrian was a pre-trial detainee at the facility from 2005-2008. In 2006, prison officials had Bistrian intercept notes being passed between inmates, but they failed to protect him after the inmates discovered his involvement. As a result, Bistrian was beaten by inmates on two occasions. He also spent 477 days in solitary confinement, which he alleges violated his constitutional rights. The document outlines the factual allegations and claims in Bistrian's lawsuit.
The document discusses various police liability issues that can arise in different situations:
1) Police officers have a duty to perform all duties, whether required or volunteered, with reasonable care. They can be liable for failing to act when they have a clear duty to do so.
2) When dealing with incapacitated individuals, officers must protect drunk or mentally ill people and provide them with protective custody. They also have an affirmative duty to prevent harm to arrestees and provide reasonable medical care to injured individuals in custody.
3) Officers can incur liability for negligence during emergency vehicle operations if they do not operate with due regard for safety and comply with statutes and department policies regarding pursuits.
This document discusses the boundaries between discipline, crime, and tort as they relate to the medical profession. It outlines Blackstone's 18th century definition distinguishing private wrongs (civil injuries) from public wrongs (crimes and misdemeanors). It then examines the three elements of discipline for health practitioners according to Australian law - unsatisfactory professional conduct, professional misconduct, and crime. Case examples are provided to illustrate how intent, recklessness, and multiple victims can lead to criminal prosecution of doctors.
This document summarizes key recommendations for developing an effective multicultural team. It analyzes stages of group development and proposes ways to help the team progress through each stage. Communication, expectations, and differing values are identified as common challenges for multicultural teams, and overcoming these through clear norms and understanding different perspectives is advised. Group decision-making challenges like social loafing and groupthink are also discussed along with solutions. Overall recommendations include establishing group processes and norms, focusing on collaboration over individual goals, and leveraging diversity of thoughts to enhance outcomes.
This document discusses medical negligence and ethics. It defines key concepts like clinical ethics, law, risk management, informed consent, and medical malpractice. It explains how negligence occurs when a provider deviates from the standard of care. It discusses a patient's burden to prove duty, breach, injury, and damages in negligence cases. It also addresses how ethics is important to avoid legal issues and emphasizes continual education, following standards of care, and the importance of informed consent and patients' understanding in reducing negligence claims.
1. Nurses can face both civil and criminal liability for negligence in nursing practice. Negligence is defined as failing to act as a reasonably prudent nurse. Common negligent acts include burns, leaving objects in patients, medication errors, and failure to observe patients.
2. Malpractice refers to improper nursing care with serious consequences. Nurses must follow legal requirements for medical orders, prescriptions, documentation, and supervision of students and aides.
3. Nurses can be liable for torts such as assault, battery, false imprisonment, and defamation committed against patients. To avoid criminal liability, nurses must understand the law, only accept responsibilities within their scope, and get clarification for any unclear
1. Nurses can face legal liabilities for negligence in nursing practice such as burns, falls, failure to observe patients, mistaken identity, and giving the wrong medicine.
2. Malpractice is defined as improper care that causes injury, and nurses must follow legal requirements for medical orders, drugs, intravenous therapy, and telephone orders to avoid liability.
3. Proper documentation in medical records is important for legal protection, and nurses are responsible for charting accurately and supervising students and nursing aides.
Addressing Liability And Risk In Correctional InstitutionsRheintz1
This document summarizes key issues around liability and risk management in correctional institutions. It discusses decision making, leadership, risk management, levels of liability, cost-benefit analysis, and safety and security considerations for staff, inmates, and the general public. Specific areas covered include use of force, classification, medical care, suicide prevention, nutrition, religious accommodations, strip searches, grievance processes, and employment issues. The document stresses the importance of training, documentation, supervision, and policies/procedures to reduce liability risks.
Peter Bistrian v. Levi -- Third Circuit Court of AppealsPeter Bistrian
This document describes Peter Bistrian's lawsuit against officials at the Federal Detention Center in Philadelphia. It summarizes that Bistrian was a pre-trial detainee at the facility from 2005-2008. In 2006, prison officials had Bistrian intercept notes being passed between inmates, but they failed to protect him after the inmates discovered his involvement. As a result, Bistrian was beaten by inmates on two occasions. He also spent 477 days in solitary confinement, which he alleges violated his constitutional rights. The document outlines the factual allegations and claims in Bistrian's lawsuit.
The document discusses various police liability issues that can arise in different situations:
1) Police officers have a duty to perform all duties, whether required or volunteered, with reasonable care. They can be liable for failing to act when they have a clear duty to do so.
2) When dealing with incapacitated individuals, officers must protect drunk or mentally ill people and provide them with protective custody. They also have an affirmative duty to prevent harm to arrestees and provide reasonable medical care to injured individuals in custody.
3) Officers can incur liability for negligence during emergency vehicle operations if they do not operate with due regard for safety and comply with statutes and department policies regarding pursuits.
This document discusses the boundaries between discipline, crime, and tort as they relate to the medical profession. It outlines Blackstone's 18th century definition distinguishing private wrongs (civil injuries) from public wrongs (crimes and misdemeanors). It then examines the three elements of discipline for health practitioners according to Australian law - unsatisfactory professional conduct, professional misconduct, and crime. Case examples are provided to illustrate how intent, recklessness, and multiple victims can lead to criminal prosecution of doctors.
This document summarizes key recommendations for developing an effective multicultural team. It analyzes stages of group development and proposes ways to help the team progress through each stage. Communication, expectations, and differing values are identified as common challenges for multicultural teams, and overcoming these through clear norms and understanding different perspectives is advised. Group decision-making challenges like social loafing and groupthink are also discussed along with solutions. Overall recommendations include establishing group processes and norms, focusing on collaboration over individual goals, and leveraging diversity of thoughts to enhance outcomes.
This document discusses medical negligence and ethics. It defines key concepts like clinical ethics, law, risk management, informed consent, and medical malpractice. It explains how negligence occurs when a provider deviates from the standard of care. It discusses a patient's burden to prove duty, breach, injury, and damages in negligence cases. It also addresses how ethics is important to avoid legal issues and emphasizes continual education, following standards of care, and the importance of informed consent and patients' understanding in reducing negligence claims.
1. Nurses can face both civil and criminal liability for negligence in nursing practice. Negligence is defined as failing to act as a reasonably prudent nurse. Common negligent acts include burns, leaving objects in patients, medication errors, and failure to observe patients.
2. Malpractice refers to improper nursing care with serious consequences. Nurses must follow legal requirements for medical orders, prescriptions, documentation, and supervision of students and aides.
3. Nurses can be liable for torts such as assault, battery, false imprisonment, and defamation committed against patients. To avoid criminal liability, nurses must understand the law, only accept responsibilities within their scope, and get clarification for any unclear
1. Nurses can face legal liabilities for negligence in nursing practice such as burns, falls, failure to observe patients, mistaken identity, and giving the wrong medicine.
2. Malpractice is defined as improper care that causes injury, and nurses must follow legal requirements for medical orders, drugs, intravenous therapy, and telephone orders to avoid liability.
3. Proper documentation in medical records is important for legal protection, and nurses are responsible for charting accurately and supervising students and nursing aides.
Ethical, Legal, and Economic Foundations of the Educational Process.pptxCristelAnnVerayoDesc
The document outlines 13 rights that patients are entitled to as recipients of medical care. These rights include the right to appropriate and humane treatment, informed consent, privacy and confidentiality, choice of health care providers, self-determination, and refusal of medical treatment due to religious beliefs. The rights also cover access to medical records, leaving healthcare facilities, refusing participation in research, communicating with visitors, expressing grievances, and being informed of patient rights and obligations. Overall, the document establishes important ethical and legal protections for patients in receiving healthcare services.
Legal system in Nursing management .pptxSujiMerline
This document discusses various types of laws, tort law, and professional liabilities for nurses. It defines different types of laws including statutory law, common law, and administrative law. It outlines intentional torts like assault, battery, and invasion of privacy. It also discusses negligent torts and quasi-intentional torts like defamation and misrepresentation. The document covers different theories of liability and professional responsibilities of nurses including informed consent, documentation, staffing issues, patient teaching, and communication. It also mentions laws like the Good Samaritan Act, HIPAA, and do not resuscitate orders.
This document presents information on ethics and nursing codes of ethics. It defines key terms like ethics, morality, codes of conduct. It discusses the International Council of Nurses Code which outlines nurses' responsibilities to promote health, prevent illness, restore health, and alleviate suffering. The code also covers principles like beneficence, autonomy, and confidentiality. The document addresses origins of ethical issues like technology changes and conflicting loyalties. Specific legal/ethical issues are negligence, informed consent, and issues around HIV/AIDS, abortion, and end-of-life care. Nurses are advised to refer to codes of conduct when addressing practice problems.
This document discusses ethics in research and provides guidelines for ethical research practices. It outlines key ethical principles like respect for persons, beneficence, and justice. It describes past unethical research studies and the responses that established standards like the Nuremberg Code, Declaration of Helsinki, and Belmont Report. The Belmont Report identifies basic ethical principles and how they should be applied. It also discusses the role of institutional review boards in ensuring research follows ethical standards by minimizing risks and requiring informed consent.
INTRODUCTORY LAW AND ETHICS IN RADIATON THERAPY.pptxabduljaji1
Law is difficult to define universally but generally refers to rules that regulate human conduct. Nigerian law has a dual system of English law and customary/Islamic law. Sources of Nigerian law include English law, customary law, Nigerian legislation, and case law. Legislation in Nigeria includes acts, decrees, edicts, by-laws and regulations. The hierarchy of courts in Nigeria includes the Supreme Court, Court of Appeal, and Federal High Court. Fundamental rights of Nigerians are outlined in the constitution and include rights to life, dignity, liberty, fair hearing, religion, and non-discrimination. Ethical theories guiding medical practice include utilitarianism, moral relativism, and Kantian absolutism
This document outlines rules for relationships between healthcare professionals and patients, including rules of veracity, privacy, confidentiality, and fidelity. It discusses the conceptual foundations and justifications for these rules, which are grounded in principles of respect for autonomy, nonmaleficence, beneficence, and justice. The document also examines traditional applications of these rules in medical ethics codes and contemporary practices, and considers examples and cases that illustrate conflicts between rules.
This document discusses the legal and ethical aspects of nursing practice in the Philippines. It begins by defining key concepts in law including civil law, criminal law, and negligence. It then discusses a nurse's duty, accountability, and potential liabilities. The document provides an example of nursing negligence and analyzes it using the four elements of negligence. It also discusses informed consent and situations where consent is not required. The document concludes by addressing nursing students' liabilities, malpractice, and the appropriate and inappropriate use of social media by nurses.
This document discusses ethical considerations and codes of professional conduct for nurses. It begins with learning objectives and definitions of ethics and codes of ethics. It outlines key ethical principles like autonomy, non-maleficence, and beneficence. The purpose and elements of codes of ethics are explained. Common ethical issues in clinical practice and organizations are also reviewed. The document concludes by discussing legal and ethical implications of various nursing situations like admission, discharge, and examining patients.
This document provides guidance for long-term care facilities on managing challenging residents, including developing policies and procedures, screening prospective residents, using behavior contracts, handling incidents, investigating complaints, and evicting residents if needed. Key recommendations include reviewing existing policies, implementing new screening and response protocols as needed, training staff, thoroughly documenting all relevant communications and actions, and having an attorney investigate serious issues to preserve information.
This document discusses legal issues in nursing. It begins by outlining the different types of law that govern nursing practice, including constitutional law, common law, statutory law like Nurse Practice Acts, and administrative law. It then discusses the key components of Nurse Practice Acts and how they delineate nursing scope and protect nurses from unlicensed practice charges. The document also examines definitions of nursing, scope of practice, and professional resources. It outlines common legal issues nurses face like negligence, malpractice, assault, battery, and HIPAA violations. Throughout, it emphasizes the importance of staying up to date on changing laws and practices to avoid legal issues in nursing.
This document discusses several topics related to psychiatry and the law, including:
- Informed consent requirements for patients with mental illness undergoing procedures like surgery or ECT.
- Factors considered in child custody cases, such as the presumption that maternal custody serves a child's welfare.
- Evaluating testamentary and contractual capacity, including understanding wills, contracts, marriages, guardianships, and durable power of attorney.
- The psychiatrist's role in evaluating claims in worker's compensation cases and determining if a mental illness was caused or exacerbated by employment.
This document discusses various legal and ethical principles related to nursing practice. It defines key ethical principles like autonomy, beneficence, and justice. It also outlines several laws and acts that govern nursing, such as HIPAA, the Patient Self-Determination Act, and the Americans with Disabilities Act. The document provides examples of ethical dilemmas nurses may face and how ethical principles, tort law, and advocacy apply in different situations.
CHAPTER 12:
Discretion and Dilemmas in Corrections
Lecture Slides prepared by Cheryn Rowell
*
Correctional Professionals
Correctional officers and supervisors
Treatment professionals (e.g., educators, counselors, psychologists, and others)
*
Discretion
Correctional officers have a full range of control, including denial of liberty and application of physical force.
Correctional officers have discretionary powers, such as charging an inmate with a disciplinary infraction versus delivering a verbal reprimand.
Disciplinary committees also exercise discretion when making a decision to punish an inmate for an infraction.
Treatment professionals have discretion in writing parole reports, making decisions on classification.
*
Correctional Ethics
In the 1970s, prison guards adopted correctional officer as a more descriptive professional title.
The period also saw such dramatic changes as:Increased on-the-job dangerLoss of controlIncreased stressRacial and sexual integrationUnionizationHigher standards of professionalismExpanded bureaucratization
*
Relationships With InmatesBoth guards and inmates prefer to live in peace.Both feel they must take sides when conflict occurs.
Reciprocity: Officers become dependent on inmates for completion of important tasks.
In return, officers may overlook inmate infractions and allow a degree of favoritism.
*
Officers have the power to make life difficult for inmates they do not like.
If officers become personally involved (e.g., sexually), their professionalism is compromised.
An alliance sometimes forms between guards and inmates that is not unlike foreman-employee relationships.
Officers insist that “you can be friendly with inmates, but you can never trust them.”
Mature officers learn to live with this inconsistency.
Relationships With Inmates
*
Thinking Point
In June of 2010, correctional officer David Francis of Charleston WV, was implicated for allegedly sexually abusing, harassing, and assaulting two female inmates over the course of two years. The inmates have filed suit against the officer as well as the West Virginia Department of Corrections for punitive and compensatory damages.
Should the inmates profit from the unethical behavior
of the correctional officer?
What punitive action should be taken against Francis?
Correctional Officer SubcultureMay consider inmates, superiors, and society in general as “the enemy”
Accept use of force as a routine job element
Show a tendency to redefine job roles to meet minimum requirements only
Show a willingness to use deceit to cover up wrongdoing by staff
*
Types of Officers
Violence-prone: use the role of correctional officer to act out an authoritarian role
Time-servers: serve time in prison much the same as most inmates do (trying to avoid trouble and hoping nothing goes wrong on their shift)
Counselors: seek to enlarge their job description; perceive their role as inmate counselor/helper
*
Use of ...
The document discusses key concepts related to nursing documentation and legal liability, including:
1) The purposes of medical records which include substantiating patient health conditions, communicating among providers, recording patient response to care, and resolving legal issues.
2) Key definitions like negligence, the standard of care, and elements of a negligence claim.
3) Common flaws in medical records that plaintiff's attorneys look for such as undocumented gaps, deviations from policies, and biased comments.
4) Strategies for strong documentation including objective assessments, timeliness, and avoiding personal opinions.
Chapter 6Introduction to LawLearning Objectives (1 of 2)JinElias52
Chapter 6
Introduction to Law
Learning Objectives (1 of 2)
Understand the meaning and objectives of tort law.
Describe the elements of negligence.
Explain how the commission and omission of an act differ.
Describe the importance of foreseeability in a negligence case.
Describe intentional torts and how they might occur in the healthcare setting.
2
Learning Objectives (2 of 2)
Describe the various crimes and give examples of how they might occur in the healthcare setting.
Explain the various elements of a contract.
Describe the pretrial and trial process.
Tort Law
A tort is a wrong, other than a breach of contract, committed against a person or property for which a court provides a remedy, generally in the form of monetary damages.
Objectives of Tort Law
Preservation of peace between individuals
Fault-finding for wrongdoing
Deterrence to wrongful acts
Indemnify injured person(s)
Negligence
Commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.
Commission of an Act
Administering wrong medication
Administering wrong dosage of a medication
Administering medication to the wrong patient
Performing a procedure without patient consent
Performing procedure on wrong patient
Surgically removing the wrong body part
Failing to assess and reassess a patient’s nutritional needs
Omission of an Act
Failure to administer medication(s)
Failure to order required diagnostic tests
Failure to follow up on abnormal test results
Failure to perform “time-out” prior to the start of surgery to ensure the correct procedure is being conducted on the correct patient at the correct site
Malpractice
Negligence of a professional person:
Surgeon who conducts surgery on the wrong body part.
Nurse who administers wrong medication, injuring patient.
Pharmacist who mislabels a medication and the patient is harmed.
Forms of Negligence
Malfeasance
Misfeasance
Nonfeasance
Malfeasance
Execution of an unlawful or improper act.
Performing a partial birth abortion when prohibited by law.
Performing a procedure without having the appropriate credentials.
Misfeasance
Improper performance of an act.
Wrong-sided surgery.
Leaving an instrument in the patient’s body.
Nonfeasance
Failure to act when there is a duty to act.
Failure to prescribe antibiotics when indicated.
Failure to respond to emergency call.
Four Elements of Negligence
Duty to care
Breach of duty
Injury
Causation
Duty to Care
Legal obligation of care imposed on one to safeguard rights of others.
Duty created by statute:
Defendant must have been within specified class of persons outlined in the statute.
Plaintiff must have been injured in a way statute was designed to prevent.
Plaintiff must show that injury would not have occurred if the statute had not been violated.
Standard of Care
Actual performance of an individual in a given situation will be measured against what a reasonably prudent person would or would ...
This document discusses the ethical and legal responsibilities of critical care nurses. It begins by distinguishing between ethical and legal standards, with ethical standards based on principles of right and wrong and legal standards based on written law.
It then outlines some common ethical dilemmas nurses may face including end-of-life decisions, patient care issues, and human rights issues. It also discusses legal decisions around topics like medical documentation, use of restraints, and declaring brain death.
The document provides recommendations for resolving ethical dilemmas and outlines practical principles for ethical decision making including effective communication and determining patient desires. It emphasizes the importance of shared decision making at end-of-life.
Donna Schuyler's Presentation-2017 Idaho Summitlindsayalderete
The document discusses sexuality and intimacy in the context of guardianship and long-term care, noting that many older adults remain sexually active. It examines the competing goals of protecting wards while also respecting their rights to intimacy and relationships. Key considerations for guardians include assessing a ward's capacity for informed consent regarding sexual activities based on their knowledge, understanding, and ability to make voluntary choices.
MICHAEL ROWLANDS, JULIE NORRIS AND SANDRA PAUL - THE LEGAL AND REGULATORY CHA...iCAADEvents
The document summarizes a presentation given by three partners from a law firm on the legal and regulatory challenges of working with clients affected by addiction. Julie Norris discusses regulation of helping professions and issues around confidentiality. Sandra Paul provides a criminal law perspective on how addictions relate to various crimes and when they may instruct experts. Michael Rowlands discusses similarities and challenges family lawyers face working with addicted clients, including potential conflicts of interest. They take questions at the end on various topics discussed.
This document provides an overview of legal and ethical issues in nursing, presented by Somashekhar R.K. from the SDM Institute of Nursing Sciences. It discusses key topics like ethics, the legal system, the nurse practice act, patient rights, informed consent, and more. It emphasizes that nurses must practice according to both ethical and legal standards to protect patients and avoid violations.
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
The webinar may also give some examples on how nonprofits can best leverage Walmart Business+.
The event will cover the following::
Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
Ethical, Legal, and Economic Foundations of the Educational Process.pptxCristelAnnVerayoDesc
The document outlines 13 rights that patients are entitled to as recipients of medical care. These rights include the right to appropriate and humane treatment, informed consent, privacy and confidentiality, choice of health care providers, self-determination, and refusal of medical treatment due to religious beliefs. The rights also cover access to medical records, leaving healthcare facilities, refusing participation in research, communicating with visitors, expressing grievances, and being informed of patient rights and obligations. Overall, the document establishes important ethical and legal protections for patients in receiving healthcare services.
Legal system in Nursing management .pptxSujiMerline
This document discusses various types of laws, tort law, and professional liabilities for nurses. It defines different types of laws including statutory law, common law, and administrative law. It outlines intentional torts like assault, battery, and invasion of privacy. It also discusses negligent torts and quasi-intentional torts like defamation and misrepresentation. The document covers different theories of liability and professional responsibilities of nurses including informed consent, documentation, staffing issues, patient teaching, and communication. It also mentions laws like the Good Samaritan Act, HIPAA, and do not resuscitate orders.
This document presents information on ethics and nursing codes of ethics. It defines key terms like ethics, morality, codes of conduct. It discusses the International Council of Nurses Code which outlines nurses' responsibilities to promote health, prevent illness, restore health, and alleviate suffering. The code also covers principles like beneficence, autonomy, and confidentiality. The document addresses origins of ethical issues like technology changes and conflicting loyalties. Specific legal/ethical issues are negligence, informed consent, and issues around HIV/AIDS, abortion, and end-of-life care. Nurses are advised to refer to codes of conduct when addressing practice problems.
This document discusses ethics in research and provides guidelines for ethical research practices. It outlines key ethical principles like respect for persons, beneficence, and justice. It describes past unethical research studies and the responses that established standards like the Nuremberg Code, Declaration of Helsinki, and Belmont Report. The Belmont Report identifies basic ethical principles and how they should be applied. It also discusses the role of institutional review boards in ensuring research follows ethical standards by minimizing risks and requiring informed consent.
INTRODUCTORY LAW AND ETHICS IN RADIATON THERAPY.pptxabduljaji1
Law is difficult to define universally but generally refers to rules that regulate human conduct. Nigerian law has a dual system of English law and customary/Islamic law. Sources of Nigerian law include English law, customary law, Nigerian legislation, and case law. Legislation in Nigeria includes acts, decrees, edicts, by-laws and regulations. The hierarchy of courts in Nigeria includes the Supreme Court, Court of Appeal, and Federal High Court. Fundamental rights of Nigerians are outlined in the constitution and include rights to life, dignity, liberty, fair hearing, religion, and non-discrimination. Ethical theories guiding medical practice include utilitarianism, moral relativism, and Kantian absolutism
This document outlines rules for relationships between healthcare professionals and patients, including rules of veracity, privacy, confidentiality, and fidelity. It discusses the conceptual foundations and justifications for these rules, which are grounded in principles of respect for autonomy, nonmaleficence, beneficence, and justice. The document also examines traditional applications of these rules in medical ethics codes and contemporary practices, and considers examples and cases that illustrate conflicts between rules.
This document discusses the legal and ethical aspects of nursing practice in the Philippines. It begins by defining key concepts in law including civil law, criminal law, and negligence. It then discusses a nurse's duty, accountability, and potential liabilities. The document provides an example of nursing negligence and analyzes it using the four elements of negligence. It also discusses informed consent and situations where consent is not required. The document concludes by addressing nursing students' liabilities, malpractice, and the appropriate and inappropriate use of social media by nurses.
This document discusses ethical considerations and codes of professional conduct for nurses. It begins with learning objectives and definitions of ethics and codes of ethics. It outlines key ethical principles like autonomy, non-maleficence, and beneficence. The purpose and elements of codes of ethics are explained. Common ethical issues in clinical practice and organizations are also reviewed. The document concludes by discussing legal and ethical implications of various nursing situations like admission, discharge, and examining patients.
This document provides guidance for long-term care facilities on managing challenging residents, including developing policies and procedures, screening prospective residents, using behavior contracts, handling incidents, investigating complaints, and evicting residents if needed. Key recommendations include reviewing existing policies, implementing new screening and response protocols as needed, training staff, thoroughly documenting all relevant communications and actions, and having an attorney investigate serious issues to preserve information.
This document discusses legal issues in nursing. It begins by outlining the different types of law that govern nursing practice, including constitutional law, common law, statutory law like Nurse Practice Acts, and administrative law. It then discusses the key components of Nurse Practice Acts and how they delineate nursing scope and protect nurses from unlicensed practice charges. The document also examines definitions of nursing, scope of practice, and professional resources. It outlines common legal issues nurses face like negligence, malpractice, assault, battery, and HIPAA violations. Throughout, it emphasizes the importance of staying up to date on changing laws and practices to avoid legal issues in nursing.
This document discusses several topics related to psychiatry and the law, including:
- Informed consent requirements for patients with mental illness undergoing procedures like surgery or ECT.
- Factors considered in child custody cases, such as the presumption that maternal custody serves a child's welfare.
- Evaluating testamentary and contractual capacity, including understanding wills, contracts, marriages, guardianships, and durable power of attorney.
- The psychiatrist's role in evaluating claims in worker's compensation cases and determining if a mental illness was caused or exacerbated by employment.
This document discusses various legal and ethical principles related to nursing practice. It defines key ethical principles like autonomy, beneficence, and justice. It also outlines several laws and acts that govern nursing, such as HIPAA, the Patient Self-Determination Act, and the Americans with Disabilities Act. The document provides examples of ethical dilemmas nurses may face and how ethical principles, tort law, and advocacy apply in different situations.
CHAPTER 12:
Discretion and Dilemmas in Corrections
Lecture Slides prepared by Cheryn Rowell
*
Correctional Professionals
Correctional officers and supervisors
Treatment professionals (e.g., educators, counselors, psychologists, and others)
*
Discretion
Correctional officers have a full range of control, including denial of liberty and application of physical force.
Correctional officers have discretionary powers, such as charging an inmate with a disciplinary infraction versus delivering a verbal reprimand.
Disciplinary committees also exercise discretion when making a decision to punish an inmate for an infraction.
Treatment professionals have discretion in writing parole reports, making decisions on classification.
*
Correctional Ethics
In the 1970s, prison guards adopted correctional officer as a more descriptive professional title.
The period also saw such dramatic changes as:Increased on-the-job dangerLoss of controlIncreased stressRacial and sexual integrationUnionizationHigher standards of professionalismExpanded bureaucratization
*
Relationships With InmatesBoth guards and inmates prefer to live in peace.Both feel they must take sides when conflict occurs.
Reciprocity: Officers become dependent on inmates for completion of important tasks.
In return, officers may overlook inmate infractions and allow a degree of favoritism.
*
Officers have the power to make life difficult for inmates they do not like.
If officers become personally involved (e.g., sexually), their professionalism is compromised.
An alliance sometimes forms between guards and inmates that is not unlike foreman-employee relationships.
Officers insist that “you can be friendly with inmates, but you can never trust them.”
Mature officers learn to live with this inconsistency.
Relationships With Inmates
*
Thinking Point
In June of 2010, correctional officer David Francis of Charleston WV, was implicated for allegedly sexually abusing, harassing, and assaulting two female inmates over the course of two years. The inmates have filed suit against the officer as well as the West Virginia Department of Corrections for punitive and compensatory damages.
Should the inmates profit from the unethical behavior
of the correctional officer?
What punitive action should be taken against Francis?
Correctional Officer SubcultureMay consider inmates, superiors, and society in general as “the enemy”
Accept use of force as a routine job element
Show a tendency to redefine job roles to meet minimum requirements only
Show a willingness to use deceit to cover up wrongdoing by staff
*
Types of Officers
Violence-prone: use the role of correctional officer to act out an authoritarian role
Time-servers: serve time in prison much the same as most inmates do (trying to avoid trouble and hoping nothing goes wrong on their shift)
Counselors: seek to enlarge their job description; perceive their role as inmate counselor/helper
*
Use of ...
The document discusses key concepts related to nursing documentation and legal liability, including:
1) The purposes of medical records which include substantiating patient health conditions, communicating among providers, recording patient response to care, and resolving legal issues.
2) Key definitions like negligence, the standard of care, and elements of a negligence claim.
3) Common flaws in medical records that plaintiff's attorneys look for such as undocumented gaps, deviations from policies, and biased comments.
4) Strategies for strong documentation including objective assessments, timeliness, and avoiding personal opinions.
Chapter 6Introduction to LawLearning Objectives (1 of 2)JinElias52
Chapter 6
Introduction to Law
Learning Objectives (1 of 2)
Understand the meaning and objectives of tort law.
Describe the elements of negligence.
Explain how the commission and omission of an act differ.
Describe the importance of foreseeability in a negligence case.
Describe intentional torts and how they might occur in the healthcare setting.
2
Learning Objectives (2 of 2)
Describe the various crimes and give examples of how they might occur in the healthcare setting.
Explain the various elements of a contract.
Describe the pretrial and trial process.
Tort Law
A tort is a wrong, other than a breach of contract, committed against a person or property for which a court provides a remedy, generally in the form of monetary damages.
Objectives of Tort Law
Preservation of peace between individuals
Fault-finding for wrongdoing
Deterrence to wrongful acts
Indemnify injured person(s)
Negligence
Commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.
Commission of an Act
Administering wrong medication
Administering wrong dosage of a medication
Administering medication to the wrong patient
Performing a procedure without patient consent
Performing procedure on wrong patient
Surgically removing the wrong body part
Failing to assess and reassess a patient’s nutritional needs
Omission of an Act
Failure to administer medication(s)
Failure to order required diagnostic tests
Failure to follow up on abnormal test results
Failure to perform “time-out” prior to the start of surgery to ensure the correct procedure is being conducted on the correct patient at the correct site
Malpractice
Negligence of a professional person:
Surgeon who conducts surgery on the wrong body part.
Nurse who administers wrong medication, injuring patient.
Pharmacist who mislabels a medication and the patient is harmed.
Forms of Negligence
Malfeasance
Misfeasance
Nonfeasance
Malfeasance
Execution of an unlawful or improper act.
Performing a partial birth abortion when prohibited by law.
Performing a procedure without having the appropriate credentials.
Misfeasance
Improper performance of an act.
Wrong-sided surgery.
Leaving an instrument in the patient’s body.
Nonfeasance
Failure to act when there is a duty to act.
Failure to prescribe antibiotics when indicated.
Failure to respond to emergency call.
Four Elements of Negligence
Duty to care
Breach of duty
Injury
Causation
Duty to Care
Legal obligation of care imposed on one to safeguard rights of others.
Duty created by statute:
Defendant must have been within specified class of persons outlined in the statute.
Plaintiff must have been injured in a way statute was designed to prevent.
Plaintiff must show that injury would not have occurred if the statute had not been violated.
Standard of Care
Actual performance of an individual in a given situation will be measured against what a reasonably prudent person would or would ...
This document discusses the ethical and legal responsibilities of critical care nurses. It begins by distinguishing between ethical and legal standards, with ethical standards based on principles of right and wrong and legal standards based on written law.
It then outlines some common ethical dilemmas nurses may face including end-of-life decisions, patient care issues, and human rights issues. It also discusses legal decisions around topics like medical documentation, use of restraints, and declaring brain death.
The document provides recommendations for resolving ethical dilemmas and outlines practical principles for ethical decision making including effective communication and determining patient desires. It emphasizes the importance of shared decision making at end-of-life.
Donna Schuyler's Presentation-2017 Idaho Summitlindsayalderete
The document discusses sexuality and intimacy in the context of guardianship and long-term care, noting that many older adults remain sexually active. It examines the competing goals of protecting wards while also respecting their rights to intimacy and relationships. Key considerations for guardians include assessing a ward's capacity for informed consent regarding sexual activities based on their knowledge, understanding, and ability to make voluntary choices.
MICHAEL ROWLANDS, JULIE NORRIS AND SANDRA PAUL - THE LEGAL AND REGULATORY CHA...iCAADEvents
The document summarizes a presentation given by three partners from a law firm on the legal and regulatory challenges of working with clients affected by addiction. Julie Norris discusses regulation of helping professions and issues around confidentiality. Sandra Paul provides a criminal law perspective on how addictions relate to various crimes and when they may instruct experts. Michael Rowlands discusses similarities and challenges family lawyers face working with addicted clients, including potential conflicts of interest. They take questions at the end on various topics discussed.
This document provides an overview of legal and ethical issues in nursing, presented by Somashekhar R.K. from the SDM Institute of Nursing Sciences. It discusses key topics like ethics, the legal system, the nurse practice act, patient rights, informed consent, and more. It emphasizes that nurses must practice according to both ethical and legal standards to protect patients and avoid violations.
Similar to Addressing Liability and Risk in Correctional Institutions (20)
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
The webinar may also give some examples on how nonprofits can best leverage Walmart Business+.
The event will cover the following::
Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptxEduSkills OECD
Iván Bornacelly, Policy Analyst at the OECD Centre for Skills, OECD, presents at the webinar 'Tackling job market gaps with a skills-first approach' on 12 June 2024
Leveraging Generative AI to Drive Nonprofit InnovationTechSoup
In this webinar, participants learned how to utilize Generative AI to streamline operations and elevate member engagement. Amazon Web Service experts provided a customer specific use cases and dived into low/no-code tools that are quick and easy to deploy through Amazon Web Service (AWS.)
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumMJDuyan
(𝐓𝐋𝐄 𝟏𝟎𝟎) (𝐋𝐞𝐬𝐬𝐨𝐧 𝟏)-𝐏𝐫𝐞𝐥𝐢𝐦𝐬
𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐄𝐏𝐏 𝐂𝐮𝐫𝐫𝐢𝐜𝐮𝐥𝐮𝐦 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬:
- Understand the goals and objectives of the Edukasyong Pantahanan at Pangkabuhayan (EPP) curriculum, recognizing its importance in fostering practical life skills and values among students. Students will also be able to identify the key components and subjects covered, such as agriculture, home economics, industrial arts, and information and communication technology.
𝐄𝐱𝐩𝐥𝐚𝐢𝐧 𝐭𝐡𝐞 𝐍𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐒𝐜𝐨𝐩𝐞 𝐨𝐟 𝐚𝐧 𝐄𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫:
-Define entrepreneurship, distinguishing it from general business activities by emphasizing its focus on innovation, risk-taking, and value creation. Students will describe the characteristics and traits of successful entrepreneurs, including their roles and responsibilities, and discuss the broader economic and social impacts of entrepreneurial activities on both local and global scales.
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
-------------------------------------------------------------------------------
Find out more about ISO training and certification services
Training: ISO/IEC 27001 Information Security Management System - EN | PECB
ISO/IEC 42001 Artificial Intelligence Management System - EN | PECB
General Data Protection Regulation (GDPR) - Training Courses - EN | PECB
Webinars: https://pecb.com/webinars
Article: https://pecb.com/article
-------------------------------------------------------------------------------
For more information about PECB:
Website: https://pecb.com/
LinkedIn: https://www.linkedin.com/company/pecb/
Facebook: https://www.facebook.com/PECBInternational/
Slideshare: http://www.slideshare.net/PECBCERTIFICATION
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
Addressing Liability and Risk in Correctional Institutions
Leadership, decision making, and risk management go hand in hand in operations.
Goals Protect your employees Protect your agency Already striving to accomplish these goals Today we will be discussing sources of liability and risk of the activities in daily jail operation. Specifically, we will discuss how decisions are made and what you can do to minimize and address sources of liability within your operations. Failure to address liability and risk issues potentially subjects the entire community to negative consequences. This diminishes the jail’s ability to achieve its mission.
How do you make a decision?
“ Usual crisis team” cartoon
Decisions - Decisions are made every day Any decisions can give rise to risk and liability - When making decisions, consider the following FART: Facts Alternatives Risks The consequences. - FART
“ Decision Making” Cartoon
Leadership - Especially important for implementation of policies, procedures, and practices. Ask : What is your definition of a leader? Ask : What is your department’s definition of leadership? Ask : What are some duties and responsibilities of a leader?
“ Don’t step in the leader-ship” Cartoon
“ Delegating decision-making” Cartoon
Risk Management
Ask : Who is the facility’s risk manager?
Who gets sued? - Officer will be sued Obvious - Supervisors and administrators may get sued if they failed to do something Examples: failure to train, failure to supervise - Agency will be sued The attorney will search past the incident and look for something that will make the agency liable Deep pockets
Civil Actions Intentional torts Assault, Battery, False Imprisonment, Invasion of Privacy, Fraud, etc. An intentional tort is any deliberate interference with a legally recognized interest. Intentional because the person interfering with a legally recognized interest acts: with the desire to bring about harmful consequences and is substantially certain that such consequences will follow. Negligence actions Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances. Violations of Civil Rights Personal liberties that belong to an individual, owing to his or her status as a citizen or resident of a particular country or community Civil Rights of Institutionalized Persons Act (CRIPA) - CRIPA gives the Attorney General the authority to investigate institutional conditions and file lawsuits to remedy a pattern or practice of unlawful conditions. Criminal Actions State criminal actions Assault, battery, etc. Depravation of rights under the color of law Excessive force, sexual assault, false arrests and fabrication of evidence, deprivation of property, failure to keep from harm Acts carried out by government officials operating both within and beyond the limits of their lawful authority. “ Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency. Deliberate indifference Intentional disregard or criminal recklessness
Cost/Benefit Analysis in Decision Making Risk is inevitable. Be proactive to tackle the risks associated with jail operation. Must: - Continually assess risks associated with jail operation Determine which risks are most important to manage Plot activities based on their risk level and frequency Assists in determining where to focus resources - Implement strategies to control the risks Evaluate the effect of these efforts and make adjustments as needed
( click ) Three areas of concern: Safety and security of staff, inmates, and the general public - These are the areas where risk and liability can be greatest ( click ) To minimize risk and liability, there must be policies, procedures, and practice or customs within the organization - Only works if these are actually followed. ( click ) When any of these fail, liability arises.
“ Time Difference” Cartoon
( Overview ) Safety and Security: Staff Training Documentation Supervision Use of Force
Safety and Security: Staff - Suits based on the failure to train, document, and supervise are included in a growing area of litigation that jails are more and more frequently seeing. - Liability arises in civil rights cases from a failure to train employees that shows a deliberate indifference to inmates’ constitutional rights City of Canton v. Harris , 489 U.S. 378 § 1983 case
Safety and Security: Staff Most Important way to tackle this: Be proactive! Training Identify necessary areas (some present themselves) Do not miss an opportunity to turn a situation into a training opportunity Develop policies and procedures that anticipate foreseeable field incidents that LEOs can reasonably be expected to encounter Training should include hypothetical situations so officers get used to implementing the procedures Documentation Document and correct actions Failure to correct employees actions can be used to show deliberate indifference If it is not documented, it did not happen! Supervision No requirement of affirmative encouragement Only requires failing to adequately guard against injuries through training and supervision Performance Management Regular performance evaluations Discipline is not proactive Constantly review internal and external information
Safety and Security: Staff Supervisor Liabilty - Shaw v. Stroud, 13 F.3d 791 (4th Cir. 1994): Supervisor Liability - Supervisory officials may be held liable for the constitutional injuries inflicted by their subordinates - Court pinpoints those individuals in the decision making chain whose deliberate indifference permitted the conduct to continue unchecked - “(1) that the supervisor had actual or constructive knowledge that his subordinate was engaged in conduct that posed ‘a pervasive and unreasonable risk’ of constitutional injury to citizens like the plaintiff; - (2) that the supervisor’s response to that knowledge was so inadequate as to show ‘deliberate indifference to or tacit authorization of the alleged offensive practices,’ and - (3) that there was an ‘affirmative causal link’ between the supervisor’s inaction and the particular constitutional injury suffered by the plaintiff.”
Use of Force - Sentenced prisoner Standard: Cruel and Unusual Punishment (8 th Amendment) Requires malicious or sadistic use of force Pierce v. Multnomah County, Or., 76 F.3d 1032, 1042 (9 th Cir. 1996). Excludes de minimis uses of physical force (in risk assessment, this means a level of risk that is too low to be concerned with) Free Citizens - Reasonableness standard that is used for force usage on free citizens (under the 4 th Amendment) - Pre-trial detainees - Some courts apply the reasonableness standard; some apply the cruel and unusual punishment standard - 9 th Circuit applies the reasonableness standard Cotton v. County of Santa Barbara , 286 Fed. Appx. 402 (9 th Cir. 2009) No requirement that prisoner suffer injuries in order to prevail
( Overview ) Safety and Security: Inmates Classification Duty to protect from assault Medical Suicide Nutrition
Discriminatory Classification Scheme Must protect a prisoner’s personal safety under the 8 th Amendment Farmer v. Brennan , 511 U.S. 825 (1994) Using a discriminatory scheme of classification to do this violates a prisoner’s constitutional rights Cases are subject to a strict scrutiny standard Action must be justified by a compelling government interest (necessary or crucial) Must be narrowly tailored to achieve that interest And must be the least restrictive means for achieving that interest
Classification Con’t Gay, Lesbian, Bisexual, Transgender, Questioning, Intersexed (GLBTQI) Inmates Very broad topic area, but some problem areas to be aware of: Jail housing that is either unsafe or overly isolating Disrespectful forms of address in the jail Failure to provide appropriate access to hormone therapy and adequate medical and mental healthcare Many institutions are implementing polices and procedures to address these problem areas Recognizing and preventing harassing behavior toward transgender people Addressing inmates in a manner appropriate to their gender identity Adopting written housing policy to address classification issues Providing hormone therapy - See Model Protocols on the Treatment of Transgender Persons by San Francisco County Jail at www.transgenderlaw.org/resources/sfprisonguidelines.doc Race Under the equal protection clause, all racial classifications are “immediately suspect” Must survive strict scrutiny analysis Gang Affiliation Johnson v. California , 543 U.S. 499 (2005) Unwritten policy of racial classification for segregation to help prevent gang violence Strict scrutiny standard of review rather than “reasonably related to legitimate penological interest” standard governed inmate's equal-protection challenge Corrections officials had to demonstrate that policy, assertedly adopted to prevent violence caused by racial gangs, was narrowly tailored to address necessities of prison security and discipline. But also must not be deliberately indifferent to risks that would place safety of inmate in jeopardy See Luna v. Thurien & Sacramento County , 129 Fed. Appx. 381 (9 th Cir. 2005) Officer alleged to have deliberately released inmates into an area where a member of the rival gang was showering, which provoked a fight and provided amusement for jail officials. Officer her was indifferent to the risk of serious harm to the detainee Juveniles Per AZ law (A.R.S. § 8-305), if housed with adult offenders, juveniles shall be kept in a physically separate section from any adult charged or convicted of a criminal offense and no sight or sound contact between the juvenile and any charged or convicted adults is allowed.
Many suits that allege improper classification involve inmate-on-inmate assaults Duty to Protect From Assaults Government actors have a duty to protect prisoners from assault Violation of this duty is shown through a deliberate indifference to conditions that pose a substantial risk of serious harm to inmates Deliberate Indifference: More than negligence Knew of risk but failed to take any steps to protect - But possibly no liability if an officer responded to the situation in a reasonable manner See Edmonds v. Walker , 2009 U.S. App. Lexis 5962 (7 th Cir. 2009) – could not locate
Medical Care Generally will be a § 1983 actions dealing with a failure to provide for medical needs of the inmate Standard Plaintiff must show acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs 8 th Amendment standards concerning cruel and unusual punishment City of Revere v. Mass General Hospital , 463 U.S. 239 (1983) Generally, it will be difficult for plaintiffs to meet the standard of deliberate indifference to serious medical needs Estelle v. Gamble , 429 U.S. 97 (1976) But remember: due process places an affirmative obligation on the police to protect a citizen based on the fact the citizen is in custody
Medical Care Con’t - Obtain medical evaluation of prisoner whenever possible in an attempt to limit liability - But, per 9 th circuit case law ( Long v. County of Los Angeles , 442 F.3d 1178 (9 th Cir. 2006)), even where trained professionals are involved, a plaintiff is not foreclosed from raising a genuine issue of triable fact regarding municipal liability when evidence is presented which shows that the municipalities failure to train employees amounts to deliberate indifference
Medical Care Con’t Possible causes of action: Delay in Medical Treatment Delay More serious injury or illness = liability Failure to medicate Prewtt v. Roos , 160 Fed. Appx. 609 (9 th Cir. 2005) As a result of the defendant’s interference/failure to follow plaintiff’s medical treatment, plaintiff’s pain was exacerbated This interference violated plaintiff’s constitutional rights Jail/Officer Failure to Follow Doctor’s Orders Webb v. Douglas County , 224 Fed. Appx. 647 (9 th Cir. 2007) Prison official acts with deliberate indifference when ignoring the instructions of prisoner’s treating physician or surgeon, including failing to call the Doctor and dispensing of unprescribed medicine Dental Needs Meeks v. Allison , 290 Fed. Appx. 4 (9 th Cir. 2008) Corrections and jail officials, including heal service professionals, cannot be deliberately indifferent to the dental needs of a prisoner where the need is serious in nature
Suicide - What is the degree of liability when the detained individual’s injury is self inflicted? - Constitutional duty to protect individuals when they are involuntarily detained - Courts have required a deliberate indifference to the need for suicide prevention in order to make a constitutional claim by a detainee Whether LE knew or had reason to know that the detained individual was a suicide risk Must be foreseeable (risk known) Examples Detainee suicide threats Detainee previously attempted suicide while in LE custody Whether the decedent showed a strong likelihood that he/she would attempt to take his/her own life 2. Steps taken by department to reduce the risk of custodial suicide Essentially asks “did jail officials respond reasonably?” Training in suicide prevention Physical structure of cells Sometimes considered: steps taken to rescue an individual who has attempted to commit suicide in custody P roactive Steps: Examine the physical structure of the cell Document suicide attempts so that officers can check for past attempts at intake Suicide prevention training (including the factors that might indicate a propensity to commit suicide)
Nutrition - Under the 8 th Amendment, prison officials are obligated to provide inmates with nutritionally adequate means on a regular basis - Foster v. Runnels , 554 F.3d 807 (9 th Cir. 2008) - Repeated and unjustified failure to provide adequate sustenance on a daily basis amounts to a serious depravation (and liability)
Safety and Security: General Public - Some case law The infrequency of situations that involve the general public are offset by the tremendous exposure, loss of public relations, and loss of good will News article regarding jail safety and security breaches
( Overview ) Miscellaneous Prisoner Rights Identity Verification Strip Searches Religious Accommodations Grievance Process
Identity Verification Must have a policy and procedure in place for verifying the identification of an arrestee Alvarado v. Bratten , 299 Fed. Appx. 740 (9 th Cir. 2008) Individual arrested and held on warrants that were actually for arrestee’s twin brother Suit against both LAPD and the jail Court rejected the defense that the jail was entitled to rely on the identification by the police Due Process violation (14 th Amendment)
Strip Searches - Considered intrusive and subject to 4 th Amendment protections Two Types: Searches for evidence (usually not done in jails, but upon arrest) Searches for institutional security – will be discussing today Governed by 9 th Circuit case law No cases on strip search rules have been decided by the US Supreme Court 9 th Circuit is relatively restrictive regarding strip search rules compared to other circuits
Justification to Perform Strip Searches - Strip searches may not be done automatically during the booking process Must have individualized reasonable suspicion to believe the particular suspect is concealing weapons or contraband for every strip search Way v. Ventura County , 445 F.3d 1157 (9 th Cir. 2006) Things insufficient for search justification: General institutional security concerns alone (even when suspect is placed with other prisoners in a common area or common population) A charge of misdemeanor being under the influence of drugs (per CL) Self Surrenders in the 9 th Circuit Self surrender status is not enough for RS to justify a strip search Doe v. Balaam , 494 F. Supp.2d 1173 (Dist. of Nevada 2007) The county's policy of strip searching all arrestees who self-surrendered to county jail, absent reasonable suspicion that any arrestee was smuggling contraband, was unreasonable, and thus amounted to deliberate indifference to arrestees' Fourth Amendment rights. Manner must be reasonable to meet the Constitutional standards E xamples: Use of searcher of same sex Done in sanitary conditions Done without physical contact Done with a degree of privacy Strip Search Substitute/Subterfuge The viewing by personnel of a prisoner during change from street clothes to jail clothes or during the process of showering without having the individualized RS required for a strip search Consider the current policies of the intake process and determine if customs/practices allow for viewing of the naked body Proactive step: maintain a level of security without showing the person’s whole body through half doors
Religious Accommodations - Generally include issues re: meals, religious materials or institution workshops Types of claims: Berry v. Waushara Co. Jail , 2008 WL 4821310 (E. Dist. Wis. 2008) Dietary requests Religious items Religious services Religious texts 1 st and 14 th Amendment Claims
Religious Accommodations Con’t Claims may arise under the Religious Land Use of Institutionalized Persons Act (RLUIPA) Governs Jails and prisons that accept federal prisoners RLUIPA provides for protections of religious rights unless the jail/prison can establish a compelling state interest in the denial and the matter of denial is the lease restrictive means possible to meet the compelling state interest
Grievance Process - Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a) - No action shall be brought with respect to prison conditions under section 1983 or any other federal law by prisoner unless all administrative remedies available are exhausted - Foundation case interpreting the exhaustion requirement: Woodford v. Ngo , 548 U.S. 81 (2006) - Exhausting all remedies means that the prison properly exhausted his/her remedies through the grievance process - But “only those individuals who are prisoners at the time they file suit must comply with the exhaustion requirements of 42 U.S.C. § 1997e(a)” in the 9 th circuit. Talamantes v. Leyva , 575 F.3d 1021, 1024 (9 th Cir. 2009). - This is the majority view in regard to this issue. Griffen v. Arpaio , 557 F.3d 1117 (9 th Cir. 2009) Factual specificity required for grievance filing - Need information that will alert the prison to a problem and facilitate its resolution - Enough information to allow prison officials to take appropriate responsive measures
Employment Issues Human Resources - Issues involving employees create another possibility for risk and liability - § 23-403. Employer's duties per statute: - Employment comes with a place of employment that is free from recognized hazards that are causing or likely to cause death or serious physical harm - Comply with occupational safety and health standards and state law - But, a condition or practice common within an industry is only deemed a recognized hazard when a standard or regulation concerning the condition or practice has been developed - Basically, if there is an industry standard or practice developed to minimize risk of death or injury, you should implement it to keep your employees safe (and reduce agency liability) Fair Labor Standards Act (FLSA) - The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. - Must comply with the FLSA and State Law - Hours and Wages: Overtime Example - Options employers have for employee overtime pay: - 1.5 times the regular rate of pay or 1.5 hours of compensatory time off for each hour worked (A.R.S. § 23-392) Work Conditions, Hours, Wages Important to monitor to avoid liability Work Conditions: significant risk and opportunity for liability Safety: Correctional officers and jailers have one of the highest rates of nonfatal on-the-job injuries. Even first-line supervisors/managers of correctional officers also face the risk of work-related injury. Sexual harassment Between employees Between employees and detainees Training! Cannot stress the importance of training! Not only a way to reduce risk and liability, but also to increase employee safety See generally: Bureau of Labor Statistics, http://www.bls.gov/oco/ocos156.htm
Building your Defense Before incident Incident Post Incident
Conclusion Policies, procedures, practice/custom Extremely important to have Must continually monitor Ever evolving when new risks and/or liabilities are identified
Conclusion To implement your policies and procedures, and to assure practice and custom are in line with the policy and procedure, you must: TRAIN TRAIN TRAIN Additionally, document! If it is not documented, it did not happen!