Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking

Physicians who treat inmates are at greater risk of litigation

Jeffrey Knuppel, MD
Physician
July 29, 2011
14 Shares
Share
Tweet
Share

Most psychiatrists and primary care physicians who work in corrections long enough will end up being named in a lawsuit or having a complaint filed against them with their licensing board. So, from a risk-management standpoint, is it worth the potential hassle?

Yes, in most cases I think it is.

It is a fact that physicians who treat inmates are at greater risk of litigation. I don’t have specific figures to give you, but I know that malpractice carriers are quite aware of this risk. Beginning a few years ago, the major malpractice insurer in my state decided not to underwrite policies involving greater than 50% work with inmates. Sounds discouraging, doesn’t it?

It does, but it needs to be kept in context. Most physicians and other practitioners who provide services in U.S. prisons are employed either by their state’s department of corrections, or, if the health services are outsourced, by the agency which contracts with the state to provide these services. Therefore, at least in state prisons, most providers either do not need malpractice insurance at all (if the state covers work-related lawsuits of its employees), or the professional liability coverage will be provided by the employing agency.

The situation is sometimes different in county jails. Larger county jails may either directly employ health care professionals or contract with an outside agency just as prisons do. However, there are many small county jails that neither require nor can afford on-site health care services. These facilities will often utilize the services of local community practitioners, shuttling their inmates to and from clinics as necessary. Some of these jails will also hire physicians and nurse practitioners as independent contractors for the few hours per week that they need in-house providers. It is in this latter situation where one is most likely to need to obtain a personal professional liability policy.

Okay, so most professionals treating inmates don’t have to worry about either obtaining or paying for malpractice coverage. But, still, isn’t it risky working with a population with a track record for filing lawsuits?

First, nobody wants to be sued or have complaints filed against them. But, if you’re conscientious and competent, and you document well, nothing filed against you is likely to go anywhere. Inmates threaten to sue far more often than they actually file lawsuits.

Most of the lawsuits that are actually filed are frivolous and typically don’t result in the practitioner needing to go to court. And, interestingly, most of the lawsuits are not filed for malpractice, either. Inmates commonly file legal complaints alleging “deliberate indifference” to their medical needs, a violation of  inmates’ Eighth Amendment rights. These suits get filed in federal court since the issue involves constitutional rights.

Of course some of the deliberate indifference lawsuits filed have been quite legitimate and have ultimately resulted in improving medical/psychiatric care. Ironically, more positions and better job security for practitioners often results as well. Most of the time, though, these lawsuits have no merit and are quickly dismissed.

Second, every job has its hassle factors. I think many new doctors switch jobs too quickly because they encounter uncomfortable hassles in one job only to find themselves in a new position with different challenges that are equally as frustrating. The potential for being sued is admittedly a hassle, and one more commonly associated with treating inmates than other populations. But I think the risk of being sued is often overblown, and the risk of having a successful judgment against a practitioner for malpractice is much less than one might think.

Finally, I want to mention a couple of caveats. The risk of litigation, which I hopefully have put into better perspective in this article, should not be a deterrent to working as a health care professional in corrections if:

1. You truly like working in the correctional setting. This work is not for everyone. If you don’t really like it anyway, then the thought of getting sued is just likely to decrease your career satisfaction further.

2. You have ability to be assertive yet get along well with most people. If you frequently find yourself in power struggles with people or cannot politely set limits, then do not work in corrections. If you let your ego get involved in you interpersonal interactions very often, then you’re likely to piss off many inmates, and you probably will become a target for lawsuits and complaints.

Jeffrey Knuppel is a psychiatrist who blogs at The Positive Medical Blog. This post originally appeared on Lockup Doc.

Submit a guest post and be heard on social media’s leading physician voice.

Prev

Patient tips for your first office visit

July 29, 2011 Kevin 0
…
Next

Embracing different cultures in the service of the dying

July 30, 2011 Kevin 2
…

Tagged as: Primary Care, Specialist

Post navigation

< Previous Post
Patient tips for your first office visit
Next Post >
Embracing different cultures in the service of the dying

More by Jeffrey Knuppel, MD

  • a desk with keyboard and ipad with the kevinmd logo

    Direct to consumer advertising works in correction facilities

    Jeffrey Knuppel, MD
  • a desk with keyboard and ipad with the kevinmd logo

    A psychiatrist on the compulsion behind running and exercise

    Jeffrey Knuppel, MD
  • a desk with keyboard and ipad with the kevinmd logo

    Where do we draw the line on criminalizing mistakes?

    Jeffrey Knuppel, MD

More in Physician

  • Decoding name displays in health care: Privacy, identification, and compliance unveiled

    Deepak Gupta, MD
  • Master time management with 7 productivity strategies for optimal results

    Farzana Hoque, MD
  • The tragic story of Mr. G: a painful journey towards understanding suicide

    William Lynes, MD
  • The escalating violence in health care workplaces: a critical problem facing the nation’s health care system

    Harry Severance, MD
  • Is chaos in health care leading us towards socialized medicine? How physician burnout is a catalyst.

    Howard Smith, MD
  • Why allowing yourself to embrace discomfort is necessary for personal growth

    Jillian Rigert, MD, DMD
  • Most Popular

  • Past Week

    • The power of coaching for physicians: transforming thoughts, changing lives

      Kim Downey, PT | Conditions
    • The hidden factor in physician burnout: How the climate crisis is contributing to the erosion of well-being

      Elizabeth Cerceo, MD | Physician
    • Physician entrepreneurs offer hope for burned out doctors

      Cindy Rubin, MD | Physician
    • We need a new Hippocratic Oath that puts patient autonomy first

      Jeffrey A. Singer, MD | Physician
    • Boxing legends Tyson and Foreman: powerful lessons for a resilient and evolving health care future

      Harvey Castro, MD, MBA | Physician
    • Is chaos in health care leading us towards socialized medicine? How physician burnout is a catalyst.

      Howard Smith, MD | Physician
  • Past 6 Months

    • Breaking point: the 5 reasons American doctors are dreaming of walking away from medicine

      Amol Shrikhande, MD | Physician
    • It’s time to replace the 0 to 10 pain intensity scale with a better measure

      Mark Sullivan, MD and Jane Ballantyne, MD | Conditions
    • “Is your surgeon really skilled? The hidden threat to public safety in medicine.

      Gene Uzawa Dorio, MD | Physician
    • Unveiling the hidden damage: the secretive world of medical boards

      Alan Lindemann, MD | Physician
    • Breaking the cycle of racism in health care: a call for anti-racist action

      Tomi Mitchell, MD | Policy
    • Revolutionize your practice: the value-based care model that reduces physician burnout

      Chandravadan Patel, MD | Physician
  • Recent Posts

    • Unveiling the global pandemic threat: insights into risk factors and urgent measures for prevention

      Ton La, Jr., MD, JD | Policy
    • Decoding name displays in health care: Privacy, identification, and compliance unveiled

      Deepak Gupta, MD | Physician
    • Empowering Black nurses for lasting change [PODCAST]

      The Podcast by KevinMD | Podcast
    • Master time management with 7 productivity strategies for optimal results

      Farzana Hoque, MD | Physician
    • Proposed USPSTF guideline update: Advocating for earlier breast cancer screening at age 40

      Hoag Memorial Hospital Presbyterian | Conditions
    • The rising threat of lung cancer in Asian American female nonsmokers

      Alice S. Y. Lee, MD | Conditions

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

View 3 Comments >

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

CME Spotlights

From MedPage Today

Latest News

  • Novel Anti-HER2 Drugs 'Impressive' in Advanced Biliary Cancer
  • What Was Tied to Lower Long COVID Risk?
  • Chemo-Free Approach Works in Subset of Patients With HER2+ Early Breast Cancer
  • Two-Drug Combo Wins for Refractory Gout
  • First-in-Class Sjogren's Drug Passes Mid-Stage Test

Meeting Coverage

  • Novel Anti-HER2 Drugs 'Impressive' in Advanced Biliary Cancer
  • Chemo-Free Approach Works in Subset of Patients With HER2+ Early Breast Cancer
  • Two-Drug Combo Wins for Refractory Gout
  • First-in-Class Sjogren's Drug Passes Mid-Stage Test
  • Pricey Drug Combo Boosts PFS in First-Line Advanced Ovarian Cancer
  • Most Popular

  • Past Week

    • The power of coaching for physicians: transforming thoughts, changing lives

      Kim Downey, PT | Conditions
    • The hidden factor in physician burnout: How the climate crisis is contributing to the erosion of well-being

      Elizabeth Cerceo, MD | Physician
    • Physician entrepreneurs offer hope for burned out doctors

      Cindy Rubin, MD | Physician
    • We need a new Hippocratic Oath that puts patient autonomy first

      Jeffrey A. Singer, MD | Physician
    • Boxing legends Tyson and Foreman: powerful lessons for a resilient and evolving health care future

      Harvey Castro, MD, MBA | Physician
    • Is chaos in health care leading us towards socialized medicine? How physician burnout is a catalyst.

      Howard Smith, MD | Physician
  • Past 6 Months

    • Breaking point: the 5 reasons American doctors are dreaming of walking away from medicine

      Amol Shrikhande, MD | Physician
    • It’s time to replace the 0 to 10 pain intensity scale with a better measure

      Mark Sullivan, MD and Jane Ballantyne, MD | Conditions
    • “Is your surgeon really skilled? The hidden threat to public safety in medicine.

      Gene Uzawa Dorio, MD | Physician
    • Unveiling the hidden damage: the secretive world of medical boards

      Alan Lindemann, MD | Physician
    • Breaking the cycle of racism in health care: a call for anti-racist action

      Tomi Mitchell, MD | Policy
    • Revolutionize your practice: the value-based care model that reduces physician burnout

      Chandravadan Patel, MD | Physician
  • Recent Posts

    • Unveiling the global pandemic threat: insights into risk factors and urgent measures for prevention

      Ton La, Jr., MD, JD | Policy
    • Decoding name displays in health care: Privacy, identification, and compliance unveiled

      Deepak Gupta, MD | Physician
    • Empowering Black nurses for lasting change [PODCAST]

      The Podcast by KevinMD | Podcast
    • Master time management with 7 productivity strategies for optimal results

      Farzana Hoque, MD | Physician
    • Proposed USPSTF guideline update: Advocating for earlier breast cancer screening at age 40

      Hoag Memorial Hospital Presbyterian | Conditions
    • The rising threat of lung cancer in Asian American female nonsmokers

      Alice S. Y. Lee, MD | Conditions

MedPage Today Professional

An Everyday Health Property Medpage Today
  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

Physicians who treat inmates are at greater risk of litigation
3 comments

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...