Nearly all lawsuits by incarcerated patients involve allegations that the facility denied care because of a “rule” or “mandate” cited by medical or security staff, such as “the facility never treats pre-existing conditions.” This presentation examines the “rules” that most commonly lead to lawsuits and provides alternative ways to explain treatment plans using less liability-prone language. Attendees will learn it is best to never say never!

Educational Objectives

• Define negligence and deliberate indifference
• Describe how clinical discretion informs patient treatment plans and should not be replaced by inflexible rules or policies
• Identify patient-centered language to explain treatment plans that avoids strict, generalized statements