Presented by defense and plaintiffs' lawyers and correctional physicians, this interactive session demonstrates the legal standards for proving medical deliberate indifference. Experts from both sides of a case come together to give participants different perspectives on how medical civil rights claims are presented both to the Court during discovery and the jury during trial. Through mock depositions and trials, participants will learn how legal theories are applied and what happens after a verdict.

Educational Objectives

• Summarize the legal standards and burdens of proof in a medical Eighth Amendment claim brought under Section 1983
• Describe how deposition testimony of both the defendant medical provider and experts is critical to the defense of the case
• Examine the role of the jury in determining liability and damages

Level:Intermediate