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February 2015 Archives

What legal remedies are available for medical neglect in prison?

In our last post, we began speaking about the issue of medical care in prison and fact that prisoners do have the right to adequate medical care. Here, we want to take a brief look at the legal remedies that are available to prisoners who have been denied such care.

Inmates and the right to adequate medical care

Medical care is obviously a critical resource which all of us rely on throughout our lives, for ourselves and for our family members, so much so that basic medical care could arguably be considered a human right. In any case, basic medical care is at least a constitutional right guaranteed by the Eighth Amendment. This right is applicable whether or not the medical care is provided directly by employees of the government or by medical staff contracting with the government.

Determining best way to respond to medical negligence not always easy

In our previous post, we continued our discussion on the University of Michigan Health System's approach to patient safety and handling of medical error. As we noted last time, this approach is characterized, among other things, by efforts to increase communication between physicians and patients when errors occur and by a commitment to resolving disputes out of court where possible.

What can medical malpractice plaintiffs learn from the Michigan Model? P.2

In our previous post, we began discussing the so-called Michigan Model, or the approach to patient safety and physician accountability that has been in place at the University of Michigan Health System since 2001. The Michigan Model has gained attention because of the improvements it has made in terms of reducing the medical malpractice claims, plaintiff payouts, malpractice costs, and resolution time.