Defending Providers Operating in the Correctional Healthcare Field

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Operating as a healthcare provider in the correctional field is challenging. The conditions of imprisonment create distinct difficulties for doctors, physician assistants, nurses, dentists, social workers and any clinician in this setting, according to the National Institutes of Health. Besides some of the operational challenges, prisons and jails often have limited resources and are understaffed in other areas.  

Healthcare providers who work in correctional settings need the most knowledgeable representation when legal issues arise. Chapman Law Group has specialized in helping providers in this setting who need civil litigation or medical malpractice defense for decades, working with a large percentage of providers in the private and state correctional healthcare markets in multiple states.

The Prison Litigation Reform Act

Our attorneys also defend providers against potential punitive damages in all areas of the Prison Litigation Reform Act (PLRA), including 42 U.S.C. 1983 and 42 U.S.C. 1997e. The PLRA was enacted in 1996 to reduce prisoner litigation, particularly in federal courts, and to streamline the process for handling such cases.

42 U.S.C. § 1983, or Section 1983, is a federal civil rights law that provides a mechanism for individuals to sue state and local government officials for violating their constitutional rights. To state a Section 1983 claim, the plaintiff must allege that:

    • Both elements must be met:
      1. The conduct was committed by a person acting under the color of state law, and;
      2. It resulted in the deprivation of a constitutional right.
    • The conduct deprived the plaintiff of a constitutional right.

This law is extended to prisoners as well. It allows them to bring a suit against one or more healthcare providers in federal court.

Exhaustion of Administrative Remedies

Federal statute 42 USC §1997e requires that inmates exhaust administrative remedies before filing suit:

“No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.”

Defend Against Claims With Correctional Healthcare Attorneys

Our ability to defend correctional care claims requires both a deep knowledge and understanding of the duties of law enforcement and the legal system, and a sense of fairness and confidentiality. For that reason, the correctional healthcare attorneys at Chapman Law Group work with such state agencies as the Michigan Department of Corrections, owners of private correctional facilities and insurance companies in support of their employees and clients.

It is a privilege to represent healthcare providers nationwide working in the correctional setting given the barriers they face and the commitment they display in their work. If you want to learn more about these services, give us a call at 877-234-5911, or submit an inquiry via the form below.

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