Why Correctional Medicine is often Driven by Lawsuits

Imagine, if you will, a nurse who is assigned to take care of 50 patients on a medical floor—by herself. Clearly, this is an impossible task.  There are just too many patients for one nurse to adequately monitor.  But this nurse gamely does her best.  Now let’s say that there is a bad outcome and an investigation.  Even if the understaffing problem is recognized, it would be easy—and tempting–to scapegoat the nurse, especially if there was no intention of fixing the staffing problem (“We can’t afford to hire more nurses!”)  Instead, the scapegoated nurse would be replaced by a new nurse, who, once again, would be expected to care for 50 patients.

Such were my thoughts when I read this article about the problems with the medical care for inmates in the Illinois prison system (found here):  https://www.chicagotribune.com/news/local/breaking/ct-met-illinois-prison-health-lawsuit-20190103-story.html. The article says that there have been so many problems with medical care in the Illinois prison system that a class action lawsuit has successfully forced Illinois to make sweeping changes to the prison medical system.  What is not mentioned in the article is that similar lawsuits have happened before in other states and will happen again. 

It starts here:  the main factor that results in poor medical care in prison systems in the United States is that they tend to be severely underfunded.  Because they are underfunded, prison medical systems are almost universally understaffed, especially with nurses, but also with medical practitioners.  Medical personnel do their best, but if you are working in a prison and are trying to shoulder the workload of two or three FTEs, well, it might not always turn out well.

So how did prisons end up in this situation?

  1. Funding and staffing for medical care have not kept pace with the huge increases in the sheer number of incarcerated inmates that began in the 1970s.  This is also true of other parts of the prison systems, such as housing.  Many state prison systems are severely overcrowded.
  2. The prison inmate population is getting older and sicker.  Older and sicker patients will, of course, need more medical care than a young and healthy cohort. Funding for medical care in prisons has not kept pace with the aging of American prison inmates.
  3. Nursing wages have risen steeply in the last several years.  Prisons are competing with hospitals, outside clinics and everyone else for nurses.  In general, prisons do not pay enough to be truly competitive.  Prisons are hard paces to work and so should pay commensurately higher wages than, say, a hospital.  But this is not the case in most prison systems.  As a result, it is not unusual for a typical state prison system to have, say, one third of its nursing positions vacant. 
  4. Medical care in the United States is getting more and more expensive and prison budgets have not kept pace.  Examples are plentiful but here is a good one:  Treatment for Hepatitis C is now highly effective but also very expensive.  The prevalence of Hepatitis C in prison inmates averages around 18%.  To treat every one of them with a treatment that costs many, many thousands of dollars apiece—well you do the math for your state.  It is a lot.

So why has funding for prison medical systems not kept pace with the needs of the incarcerated inmates?

Because such funding has to be approved by each state’s legislature.  And this is often a hard sell.  Legislators may ask “Why are we spending millions more on inmate health care when many of my not-incarcerated constituents cannot get health insurance?”  This is a reasonable question.  Plus, free constituents vote!  Inmates do not.  A legislator who introduces a bill to, say, fund millions for Hepatitis C treatment for prison inmates may not be a legislator for long!  Inmate medical care is a political “poison pill.”

This is why increases for prison healthcare funding often are driven by lawsuits.  Since the Supreme Court has ruled that inmates have a constitutional right to necessary medical care (Estelle v. Gamble, 1976), a lawsuit that shows that inmates are not receiving adequate medical care will usually win.  And this opens the door for legislators to write the check for increased prison medical funding without having to pay a political price.  “I had to vote for this even though I didn’t want to.” they can say to constituents. This has happened many times in other states before Illinois and will continue to happen in the future.

In nutshell, then, this is our dysfunctional relationship with prison medical care in the United States:

As inmate population rises and inmates get older, funding for their medical care becomes inadequate. This results (among other things) in understaffed medical services.  Legislatures won’t increase medical funding because that would be politically untenable.  With time, underfunding and understaffing lead to bad medical outcomes.  Advocacy attorneys then file class action lawsuits on behalf of inmates alleging inadequate medical care—and win.  This forces the legislature to increase funding for medical care, which they can now do without paying a political price.  And then the cycle repeats itself. This cycle is being played out over time in most US states, including, probably, yours.  So don’t be surprised by the next, inevitable, news article about a successful lawsuit forcing a state to increase funding for prison inmate medical care, because that is how the system works.

This article was first published on MedPage today, found here.

Do you agree that correctional medicine is often underfunded? Please comment!

9 thoughts on “Why Correctional Medicine is often Driven by Lawsuits

  1. Excellent article. It addresses the point directly. I agree that when it’s all said & done, the ultimate result of lawsuits has been an improvement in the patients’ care. It’s unfortunate that it has to be that way; but that’s the way it is. I suggest we forward this article to our state & federal legislatures. Very good Jeff, as usual.

  2. I was reading about the Hep C treatment mandates. In Michigan their entire prison pharmacy budget was somewhere around $27 million dollars and after it was mandated they had to treat all Hep C patients with the drugs their budget rose to $110 million dollars. I want to provide care but these judgments whether warranted or not will simply place burdens on the system and I fear will push everyone to find cost saving in other areas that may hurt overall care of the incarcerated. What will we do if a cure for HIV comes out and it costs $1 million per person are we going to treat everyone as well? I want to take care of my patients but it does seem unfair that someone in prison is entitled to very expensive medical care that people outside the system may not be able to afford or qualify for and that can be frustrating as well.

    • It’s not an issue of “unfairness”. Is it “fair” that some live in wealth while others live in poverty? Society decided to incarcerate those found guilty of a crime. Therefore, society now has the responsibility of providing for them. That is why. I bet those incarcerated would rather be free without Hep C treatment than be incarcerated with treatment. Now that society has made those choices they now have to pay.

  3. Unfortunately it is not the Legislators nor Society that are dragged into court to defend the lack of resources in the care of inmates. It is often the health staff who are the ones most often sued and who have limited control over budgets!
    RH Rowe MD

      • I’m considering a position in correctional medicine. My number one concern is being sued. Even if for frivolous reasons, after the second or third time, I suspect my prospects of being hired elsewhere will diminish. What is your estimate as to how many physicians who work in correctional medicine end up getting sued after say 1, 5, and 10 years? I’d be curious to see how this compares to the norm.

        • Dr. J, I do not have numbers regarding the number of physicians that have been sued; however, here is some information to consider when deciding to practice in corrections.

          Working in correctional medicine is a rewarding experience. Providers have the opportunity to help individuals that may not receive medical care in the community, and they express gratitude for the care they receive. As with any medical practice, the possibility of being named in a lawsuit exists, but there are protections in place for medical providers who practice in jails and prisons.

          The Prison Litigation Reform Act (PLRA) requires inmates to exhaust the institution’s grievance system before a lawsuit is filed. This provides an opportunity for issues to be resolved before claims are filed. In addition, if you work in a state or federal facility, medical personnel have qualified immunity from most lawsuits. Unfortunately, the immunity does not apply to employees who work for private jails and

          Regardless of what correctional facility you are employed in, medical providers must protect themselves by practicing healthcare that meets the standard of care and by producing professional and well-documented charting in the patient’s medical record.

          Occasionally there are systemic issues which impact the overall delivery of healthcare in correctional facilities. While resolution of these issues can sometimes be accomplished by management by drawing attention to the problems, many of these issues are so large and have such a significant financial impact that they ultimately need to be resolved through litigation.

          Accreditation by national entities such as the National Commission on Correctional Health Care (NCCHC) or the American Correctional Association (ACA) can provide valuable information to institutions regarding how they compare to national standards. Frequently, failure to pass an accreditation audit
          can be credible grounds for making meaningful changes within a correctional facility to try to avoid having to litigate similar shortcomings down the road.

          • Excellent points. In the practice of medcine, you will not avoid law suits. It’s an occupational hazzard. The solution: practice defensible medicine; not defensive medicine. In other words, as Spike Lee once said “do the right thing” !
            In addition, be sure you have adequate malpractice coverage, either from your employer and/or your own.

    • Although it’s not the legislators who are dragged into court; it is the legislators that can do something about it. Better funding!

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