Correctional Healthcare & Liability

Where Healthcare, Constitutional Law, and Liability Converge—We Defend

The intersection of healthcare, constitutional law, and liability creates constant exposure to litigation, regulatory scrutiny, and operational risk for correctional facilities. The Burns White Correctional Healthcare and Liability Practice Group helps facilities protect their interests, reduce liability, and provide constitutionally sound care. 

Our skilled attorneys assist public and private facilities in exploring ways to reduce the risk of exposure to future claims, find ways to prevent stressful and costly litigation, and, if necessary, represent public and/or private institutions and/or health care providers with legal representation in federal and state courts. 

Primary Litigation Areas

• Federal and/or state medical, dental, and nursing malpractice defense
• Deprivations of Rights arising under the U.S. Constitution including but not limited to the 8th and 12th Amendments of the United States and State Constitutions
• Deliberate Indifference to Serious Medical Needs, 42 U.S.C. §1983
• Medical/Dental Negligence
• Medication Assisted Treatment (MAT),
• Wrongful Death
• Retaliation
• Excessive force
• Assault and battery
• Rape and sexual assault
• Personal Injury
• Auto and/or transportation liability
• Premises liability
• Monell Claims under 42 U.S.C. §1983
• Corporate negligence
• Respondeat Superior
• Defenses arising under the Prisoner Litigation Reform Act, 42 U.S.C. §1997e
• Discrimination claims
• Americans with Disability Act of 1990, 42 U.S.C. §12101 et seq
• United States Freedom of Information Act (FOIA) 5 U.S.C. §552, Claims
• State Right to Know claims

Providers and practitioners we represent

• Public and Private State Corrections Institutions
• Corrections Staff
• Medical and Dental Providers
• Immigration and Naturalization Institution staff and Health Care providers
• Juvenile Pre-Post Adjudication Residential and Institutional facilities
• Halfway residential facilities
• Alcohol and drug residential and/or institutional facilities
• Physicians, Physician Assistants, Nurse Practitioners, nurses, licensed practical nurses in all specialties
• Dentists and dental practitioners