Understanding deliberate indifference to suicide in corrections facilities: A review of recent legal cases

The US corrections system is the largest provider of mental health care in the country. Suicide is a leading cause of death in corrections facilities with rates of inmate suicide being far higher than the national average. Suicide is an event that can lead to legal action against the facility, staff, and treating health-care providers. Some claims are based on medical malpractice. In this setting, claims may also be brought based on violations of the detainee's constitutional rights. Pretrial detainees and prisoners, alike, have a constitutional right to adequate medical and psychiatric care through the Fourteenth Amendment and Eighth Amendment, respectively. But, there is limited information on constitutional claims made against correctional health-care providers for cases of inmate suicide. To help bridge this gap, the authors conducted a search of federal legal case decisions involving claims against health-care providers for deliberate indifference to a detainee's serious illness or injury in the event of attempted suicide or death by suicide over a 5 year period from 2016 to 2021. Fifteen cases were identified. Five themes emerged from the cases, which could serve as bases for claims against health-care professionals: receiving screening, mental health assessment, treatment, documentation, and attention to facility policies. The cases and their clinical significance are summarized in this article. The materials provide an overview of the problems surrounding correctional suicides and can serve as practice pointers in the corporeal setting.

Civil Rights Litigation Involving the Dental Care of Incarcerated Persons

Individuals incarcerated in jails, prisons, and detention centers are unique because they have an entitlement to health care under the U.S. constitution; however, the dental care they receive is highly variable in scope and quality. We identified federal civil rights lawsuits related to dental care by incarcerated individuals that were decided in federal district courts in 2018 and courts of appeals since 1976. Judges dismissed or denied the majority of dental claims. Courts have little guidance to inform decisions relating to dental care because cases rarely have a dental expert and the dental profession has not set forth recommendations about the scope of correctional dental care. In the absence of guidance from the dental profession, oral health policy decisions have been left to the discretion of the courts and correctional administrators (nondentists), yielding inconsistent and often detrimental results.