Correctional healthcare defense is a unique form of litigation related to the delivery of medical care within the correctional setting through contracts between state, federal and local agencies and private healthcare providers.
The representation of these providers requires an understanding of the constitutional requirements for healthcare in correctional facilities as well as the operations of these facilities, the contractual terms for how care is delivered inside and outside of the correctional facility, the unique challenges facing medical providers in a correctional facility setting, and the management of acute and chronic medical issues. Litigation related to the correctional healthcare setting can be brought in state and federal courts and can include claims that the plaintiff’s civil rights were violated, giving rise to the potential for awards of attorney’s fees and punitive damages.
HPS has significant experience defending providers of healthcare in correctional facilities against claims alleging wrongful death, medical negligence, and civil rights violations. These claims have included issues related to obstetrical care, hunger strikes, mental health, suicide and sudden death. Our experience allows us to vigorously defend matters of litigation as well as counsel providers of correctional healthcare regarding trends and the law to assist with planning, allocation of resources, and identification of issues to reduce the risk of future litigation.
HPS has represented correctional healthcare clients in multiple states, including Arkansas, Colorado, Illinois, New Mexico and Wyoming.