While correctional health care workers may be sued for malpractice, the most common type of lawsuit filed by inmates about health care in the U.S. involves allegations of “deliberate indifference.”
According to US Legal, Inc., “deliberate indifference” is “the conscious or reckless disregard of the consequences of one’s acts or omissions.” To be found guilty of deliberate indifference, prison employees must know that they are creating a substantial risk of bodily harm. So, knowingly ignoring an inmate’s serious medical complaint would be one possible example of this concept. Deliberate indifference violates the inmate’s Eighth Amendment right that prohibits cruel or unusual punishment.
What can you do both to minimize your risk of having lawsuits or other complaints filed against you, and increase the odds that any frivolous complaints that do get filed are dismissed as expediently as possible? Here are a few ideas. This list is by no means comprehensive.
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The relationship between a psychiatrist and patient must be different from that between two friends. Friends share problems and concerns with each other because of the mutual give-and-take foundation on which friendships are based.
A psychiatrist-patient relationship is very different. A patient comes to and pays a psychiatrist for professional services. While a psychiatrist is probably going to be more effective by showing some human qualities and not being a completely blank slate, there is still a necessary professional veil that the psychiatrist must wear.
What I was always taught and still believe to be solid advice is that a psychiatrist should not disclose any significant personal information to a patient unless the intent is for that disclosure to help the patient. That’s been a great barometer that I’ve used with myself over the years. If I find myself beginning to talk about my own life, I stop myself and double-check my intentions.
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