Correctional Medical Malpractice & Civil Rights

During the last 20 years, we have specialized in defending medical and mental healthcare providers and their employees in state correctional facilities and county prisons against negligence and civil rights claims. These civil rights claims include claims by inmates that the healthcare providers: were deliberately indifferent to their serious medical needs; violated their right to free speech, religious freedom, due process, and equal protection of the laws; and/or illegally discriminated against them due to their gender identity, disability, race, or religion.

Our past and present clients include, but are not limited to, EMSA Correctional Care, Prison Health Services, Corizon Correctional Healthcare, Correctional Medical Services, Correctional Healthcare Solutions, NaphCare, Inc., and Massachusetts Partnership for Correctional Healthcare.

As a result of our many years defending providers in the correctional setting, we have developed a strong and effective working relationship with the Department of Correction and Sheriff’s Departments. Also, as a result of our experience in the defense of medical malpractice matters in and outside of the correctional setting, we developed a strong network of medical experts who are available to assist our clients in future litigation at reasonable costs.

At K&F, we have the experience that is needed to handle the complexities of civil rights claims, and have developed the knowledge of the subtleties in civil rights litigation that a firm can only acquire through many years of working in this area. This includes acute attention to detail with respect to liability, various immunities, obligations of the client to indemnify other entities, and protections against the potential for adverse judgments that could include attorney fees and punitive damages. As experienced counsel, we have a sound working knowledge with respect to each of these issues, and have a track record of success with respect to defending our clients against civil rights claims.

As part of our work in correctional medical litigation, we have acquired significant experience working with claims managers for third party administrators (“TPAs”) and insurance companies who handle these claims, and with legal departments for companies who employ the providers who we represent. We, therefore, fully understand the importance of developing effective legal strategies with realistic budgets, and then providing the legal services within these budgets, while regularly providing status reports to the employers, TPAs and insurance companies. We work to accurately assess the merit of a claim and the strength of a potential case before advising on a plan of action, and consider in appropriate circumstances transferring matters to the federal court, filing for cases to be heard by a medical tribunal, preparing motions to dismiss and motions for summary judgment, and submitting matters to mediation. We also understand the importance of providing services within the approved budget, and when necessary, submitting supplemental budgets to cover unanticipated necessary legal services. At the same time, we try to limit the scope of Plaintiffs’ discovery based upon the potential exposure, while we prepare thoroughly and effectively for trial.