Medical Malpractice in Correctional Facilities: State Tort Remedies for Inappropriate and Inadequate Health Care Administered to Prisoners

Abstract

This article reviews state tort remedies assessed against correctional personnel for inappropriate and/or inadequate health care administered to prisoners. It reviews medical malpractice and negligence law generally and then applies these legal precepts to jail and prison health care legal actions. Through an inductive process, the cases from various state courts are divided into four categories: administration of inadequate or inappropriate medication, performance of inappropriate medical procedures, inappropriate diagnosis of serious medical conditions, and undertreatment of serious medical problems. The article concludes by calling for more research on health care within correctional settings.