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All healthcare providers should have an understanding of the legal basis of their practice. However, those in a correctional setting have an added need and obligation to understand constitutional law.

The History of Constitutional Law in Correctional Facilities

The term “Section 1983 case” used to describe a legal claim may seem to suggest that this claim was created in 1983. However, this case is not denoted by a year but by a section of the U.S. Civil Rights Act of 1871. This act was originally created to protect those who were being harassed by the Ku Klux Klan following the Civil War. This section specifies how their constitutionally protected rights were violated. 

Section 1983 claims can include false arrest, unreasonable searches, equal protection, or use of excessive force. For Correctional Healthcare practice, Section 1983 claims involve abridgment of the 8th Amendment to the Constitution as it relates to healthcare. In the case of Estelle vs. Gamble, denial of adequate medical care to prisoners constituted cruel and unusual punishment as was protected against by the 8th Amendment to the Constitution.

What is a Section 1983 Case?

At its core, a Section 1983 case is a civil rights case. Therefore, instead of determining if the standard for medical care was provided, a Section 1983 case seeks to identify primary determinants of deliberate indifference. In plain language, a plaintiff must prove that there was a staff member who knew about the seriousness of the issue and that they deliberately failed to provide the required treatment. 

Furthermore, they must prove that the failure to treat caused the inmate unneeded pain, suffering or some similar harm.

How does this apply to me?

Lorry Schoenly, PhD, RN, CCHP, author of The Correctional Nurse Manifesto, shares that as healthcare professionals, we are bound by our licensure and our ethical codes to care for injured, ill and suffering individuals – no matter their position in society. We provide care based on need, not merit. Providing medical care in a correctional setting  can be difficult, but vital. 

Need More Help?

Don’t go it alone. OmniSure is here to give professional advice on-demand and address your risks prior to any claims or lawsuits. Contact us today to begin your risk assessment.

Disposal of Sharps

As a Home Health Care Professional, you are responsible for the safe use and disposal of sharps equipment that you use in a patient home. However, patients or family members may put themselves and others at risk by not appropriately disposing of sharps themselves. It’s not uncommon to find contaminated sharps on any surface in the home or the wastebaskets. In fact, without access to standard sharps containers, people often use whatever is available for disposal – such as coffee cans and milk jugs. You can’t always assume that the standard labeled, leak-proof, puncture-resistant sharps containers will be available in the home.

Transportation of Sharps

Your agency may ask you to carry containers with you to the homes to help ensure proper disposal. Secure used sharps containers during transport to prevent spilling, follow standard precautions, infection prevention, and general hygiene practices consistently.

Avoiding Use of Sharps

What else can be done to curb infection from blood-borne pathogens? It might be possible to eliminate the use of needle devices whenever a safe or effective alternative is available. Your agency may provide needle devices with safety features that they’ve determined to be most effective. They will want to analyze all sharps related injuries to determine hazards and injury patterns, so report any issues or potential issues. Even if there’s not an actual harmful event, just the possibility of it is worth tracking. If a pattern develops, the company may consider changing work practices to decrease the specific activities associated with the potential for injuries.

What To Do In Case of Exposure

Even with proper precautions, home health care workers may be exposed to blood from episodes of sudden profuse bleeding and tasks involving wound care. If this happens during your visit, immediately wash the area with soap and water. If bodily fluids are splashed to the nose, the mouth, or sensitive skin, flush the area with clean water like saline or sterile irrigants.

After you take the important cleaning steps, immediately report the incident to your supervisor. Make sure to complete any paperwork involved and, if needed, seek medical attention per your employer’s protocol.

Home healthcare is an extremely rewarding industry for you and those you care for if you remember to work safely. Consistently follow any guidelines set out by your employer to help ensure patients receive the care they deserve and you continue to work in a safe environment, but also know that on-demand advice is available. OmniSure can help you navigate tough situations and answer questions in real-time.

Media outlets often rely on reporters’ ability to sensationalize a story. By sensationalizing a situation, news sources can grab readers’ or viewers’ attention. Media companies often go to great lengths to get their information. This can include contacting patients’ families, current and former employees, or eyewitnesses to help them “flesh out” their story. So, what can you do when a negative situation at your facility steps into the limelight?

Outbreaks, medical errors, employee misconduct allegations, misappropriation of funds, accidents, or acts of nature are just a few of the reasons your organization could be negatively portrayed in the media. While the most important step to avoiding poor publicity is to prevent it, a time may come when a negative event occurs out of your control. Every organization should be prepared for such an occasion.

How to Prepare Before a Crisis Happens

In order to effectively manage crisis communications, it’s necessary to designate a spokesperson, establish the facts, draft and rehearse a prepared general statement, all while guarding the privacy of patients and/or the facility. This should all be done prior to any incident for maximum effectiveness. Having a plan of action and people who are accountable for certain pieces of the plan is crucial to a timely and professional response. 

Addressing the Story

According to Statistica, approximately 10% of Americans have knowingly shared misinformation and that number increases to 31% when involving children and teenagers. Over half of Americans also question the news. Despite the general public’s acknowledgement of sensationalized news, organizations need a media plan. Successful crisis management of the media not only involves proactively addressing potential risks but also controlling the information provided, especially a false report.

To actively address false reports, your crisis management team must be in place and already have assigned parts to play. From there, your organization can acknowledge any misinformation swiftly with a premeditated, approved response that presents professionalism and care.

Handling the Crisis

You must demonstrate that your organization is managing the crisis to maintain the confidence and trust of the public. Preparing statements is good, however, statements given should not disclose too much information while you are still conducting a full investigation. Speaking out of line and then having to issue an apology or correction makes your organization look unprofessional. 

How to Prepare Today

Having an experienced, objective partner is a huge advantage for a specialist in healthcare or social services in the midst of a crisis. Now is the time to enlist a specialist who can help you assess, plan for, or even control a crisis when the moment comes. OmniSure provides supportive specialists in a variety of fields who can not only help you avoid a negative event, but provide advice-on-demand and support in case of a media emergency.