ABSTRACT
Cases involving claims of improper medical care in correctional facilities are similar in many respects to the average medical malpractice case that may be brought against any healthcare provider, healthcare facility, or system. However, there are significant differences. The legal nurse consultant (LNC) should be knowledgeable about both the legal claim differences and the differences related to providing health care within a system whose primary mission is not health care. The correctional safety and security mission confounds and compounds the ability of healthcare providers to deliver healthcare services equivalent to community standards.
The LNC should understand the elements of the legal claim(s) being made and whether the inmate will be required to prove a deviation from the standard of care or deliberate indifference to a serious medical need, and the types of issues particular to the correctional institution.
