Since 1976, the Supreme Court of the United States has observed the constitutional right to health care for all incarcerated persons. The session will focus on the areas of correctional medicine that most frequently lead to deliberate indifference claims across the country and will examine how different jurisdictions apply the same national definition in varied ways. This presentation will focus on trends in deliberate indifference case law over the last decade and specifically post-COVID.

Educational Objectives

• Define deliberate indifference by statute and recent case law across the country
• Examine how different jurisdictions currently apply the subjective and objective elements of deliberate indifference
• Assess the defense of deliberate indifference claims while considering the post-COVID medical and environmental conditions that most commonly lead to litigation

Level: Basic