Penal Harm Medicine: State Tort Remedies for Inappropriate and Inadequate Health Care to Prisoners

Michael S. Vaughn, Georgia State University

ABSTRACT
This paper focuses on the harm that can befall prisoners who seek out correctional medical services during their incarceration. It analyzes civil actions in state courts where correctional medical personnel and prison officials are found liable for providing inadequate health care to prisoners. Cases involve administration of inadequate medication, performance of inappropriate medical procedures, inappropriate diagnosis of serious medical conditions, and under treatment of serious medical problems. The paper details the circunstances and situations under which state tort liability attaches and calls for more research on correctional health care systems.

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Updated 05/20/2006