Proper Protocols in Correctional Health Care Help Reduce Liability Risk

Written by: Beth Boone, Esq.

Administrators, officers and health care providers who work in correctional facility settings should make sure they aren’t giving plaintiffs’ attorneys a commonly exploited opening for litigation: protocol lapses.

Whether it’s not following existing protocols or failing to update them regularly, a lax approach to protocols in a correctional health care setting can expose the organization and individuals to medical malpractice, misdiagnosis, personal injury, liability, and other claims.

Often, litigation would have been less likely or could have been avoidable altogether if staff had taken more care to follow the policies, procedures, or the protocols put in place to evaluate, treat and care for patients.

A case that was defendable can sometimes become less so if plaintiff’s counsel can demonstrate that correctional staff didn’t follow their own protocols for diagnosis, treatment and other care.

Protocols specify the sequence of steps and/or actions that physicians, nurses in specific situations, or other health care providers should take when people in custody need medical attention, health care and mental health services.

Standards and recommendations from leading organizations such as the National Commission on Correctional Health Care, the National Institute of Corrections, the Centers for Disease Control and Prevention and other government agencies should guide correctional healthcare providers’ approach to creating their own systems that help produce the best outcomes in a cost-effective and efficient way.

The NCCHC has specific editions for prisons, jails, juvenile facilities, mental health services and opioid treatment programs that address the unique needs and considerations for patients in each of those settings.

If used, protocols should be updated regularly, preferably with assistance from legal counsel with experience in that area. Additionally, proper documentation of any treatment or care given is essential in use of the protocols.

Frequent staff training such as continuing education classes or instructional seminars that discuss best practices as well as emerging issues and new tactics from plaintiffs’ attorneys can also help minimize the effects of litigation.

Correctional facility staff should remember that in using protocols, they are empowered to do their jobs with confidence so they can provide adequate health care to patients.