Three Cases of Correctional Litigation: Learning From the Root Causes

Abstract

In correctional settings, deviations from the standard of care are not self-correcting as they would be for free persons who may request different opinions or change providers. Inmates are perceived as generally litigious and may file suits with frequency. The author analyzed three typical cases of correctional litigation. The allegations were failure to work up hemoptysis in a patient with asthma, leading to delays in the diagnosis of methicillin-resistant Staphylococcus aureus (MRSA) pneumonia and death; failure to continue antiretroviral therapy (ART) plus failure to implement emergency treatment with antivirals specific for opportunistic infections of the eye, resulting in blindness; and failure to timely diagnose rhabdomyolysis with ensuing need for renal dialysis and accidental perforation of the vena cava and death. Analysis of the root causes led to the development of risk management techniques aimed at preventing medical mishaps and avoiding litigation.