Two cases brought against jails for failing to provide adequate medical treatment to inmates have achieved wins in compelling the jails to provide vital medical records. Hall v. Correction Healthcare Companies, concerns the failure to provide adequate medical care to Adam Hall while incarcerated at the Warren County Jail. Despite his history of osteomyelitis and worsening symptoms, he was not sent to the hospital for six days. The delay resulted in an abscess that required emergency surgery, and as a result, Mr. Hall is now paralyzed below the waist.
Troutman v. Louisville Metro Govt, concerns the failure to prevent the foreseeable suicide of Charles Troutman. Both cases allege that the municipalities and corporations providing medical services to the jails failed to adequately train and supervise their employees and had failed to establish adequate policies to ensure patient’s serious medical needs were treated.
Unlike conventional medical malpractice cases, which only address the acts of medical professionals, these cases challenge jail policies and practices, and are often based on a pattern of failures by jail staff and administrators. The only way to discover this information is access to the records like those requested here. This includes quality assurance and peer review records, mortality reviews, and the results of audits and inspections.
In both cases, the judges found the records should be produced. This is a great win for these clients, whose claims can move forward with the necessary evidence to establish their claims. This is also a great win for the quality of medical treatment in jails everywhere. Inmates are vulnerable while incarcerated – they can’t go somewhere else if they aren’t satisfied with the treatment they are receiving. Jails and medical providers have to know that their obligation is provide adequate treatment will be enforced and that they can’t hide problems behind a wall of inaccessible paperwork.
Hall v. Correction Healthcare Companies, et al., is brought by Mr. Hall with the help of his attorneys, Gerhardstein & Branch Co. LPA and W.Z. Dylan Sizemore.
Troutman v. Louisville Metro Govt., et al., is brought by Mr. Troutman’s daughter Stephanie, with the help of her attorneys, Gerhardstein & Branch Co. LPA and The Simon Law Office.