"FOR ATTORNEYS "

We're a 'one stop resource' for attorneys that must have much needed data and documentation surrounding prison healthcare in order to ask the right questions and demand pertinent documentation to successfully litigate their cases.

Prison healthcare (HMO) litigation is a specialty; an area of the law that requires careful navigation and demands key information in order to succeed. Over 6.5 years of extensive research, study and data collection exclusively on Prison HMOs and managed care companies has resulted in our becoming a professional consulting resource for attorneys. As such we are consulting specialists on the organization, structure, policy, procedures, rules and regulations of prison HMO's and healthcare providers contracted by States to deliver healthcare to the prison population.

Medical records and correctional policy must be reviewed and understood by professionals who understand both the nuances between the medical provider and correctional staff. Professionals must be able to discern and 'tease out' direct negligence of the prison HMO and State Departments of Correction when medically inappropriate decisions (or no decisions) result from defects in design or implementation of cost containment mechanisms. In other words, how medical care is documented versus what actually is done is crucial. It's not what is said---but what isn't said, that's key. With our help, with our resources, with the experts we can provide that have direct experience with the Prison Healthcare providers, lawyers can succeed for their clients and can send a message to defendants that "economy at the expense of patient care will not be tolerated".

The Issue: State Departments of Correction (DOC) prisoner medical care. States contractually supplied by Prison HMOs and/or contract healthcare providers to deliver healthcare to the prison population.

Medical care provided by "contract" physicians hired and assigned to local (primarily) State prison facilities. Comparatively low cost, staffed by inexperienced and system intimidated nurses and physicians. Incarcerated patients incur both permanent medical disabilities or die. Counter to diagnosis and treatment recommendations of prison HMO unaffiliated 'outside' physician specialists. Medical records compromised and misrepresented in pursuit of cost-reduction. Documented? Yes. Pervasive? Yes. A function of prison HMO and healthcare provider policy and procedures nationwide? Yes. Could (would) contract physicians and nurses support the contract provider at the expense of their professional reputations? On balance, no. Are prison HMOs and healthcare providers nervous? Increasingly so. Are they motivated to impose change? No. To date, a corporate mentality of stonewalling, even though they know that we have (are) imposing a "bright light in dark corners". Perceived culpability is vested in the prison HMO and/or healthcare provider, the DOC as their employers. And relatedly for the collective "they", reflective of budget considerations, a "see no evil, hear no evil, speak no evil" mentality. Inappropriately treated diabetes, ulcerations not treated resulting in gangrene or amputation, Stage IV wounds inadequately treated; if at all, untreated Hepatitis C, misdiagnoses, refusal to disclose diseases, broken bones inappropriately treated, if treated at all, unnecessary amputations, unreported correctional staff abuse of medical patients, withheld medications, cancer diagnosed as bronchitis; treated with cough medicine, cancerous tumors diagnosed as swollen glands, major dental surgery performed without anesthetic, nurses posing as doctors, doctors' verbal abuse of patients, inmates thrown in Administrate Segregation for filing Grievances, requesting medical help, treatment, or legal forms. The list, endless. All easily documented.

Without one or multiple committed attorneys; no change will occur. Change is ordained. Political? Sure. However, when "push comes to shove", CYA is the primary motivation of individual government and contract staff. And given court mandated affidavits, few (if any) contract physicians and nurses would jeopardize their professional reputations by material misrepresentations to support the prison HMO and other contract healthcare providers. We think that the net result settlement(s) would rival some of the most successful litigation during the past 10 years.

If we can be of service to you, we'd like to know it. By phone, fax or email. Please call the Institute to discuss your case(s), if you have an interest in reviewing cases, and/or how we can be of service to you, to insure that you have the accurate information needed to litigate successfully.

Copyright © 2008 Karen L. Russo - The Wrongful Death Institute & Forensic Science Associates. All Rights Reserved. These articles or pages may not be copied, transmitted, forwarded, reposted, or republished, in whole or in part, electronically or in any other format, without express written permission. This is not a solicitation for legal business. The Institute is not engaged in the practice of law. Mere contact through this website does not constitute a contract for representation. Wrongful Death Institute pages are designed and maintained by Four Boys Inc.