Prison Medical Defense

For more than 15 years, the attorneys at Gold & Robins, P.C. have successfully defended a wide variety of civil rights-related claims brought in hundreds of cases by state and local prison inmates throughout Pennsylvania and New Jersey.  The defense of medical providers and personnel, as well as dealing with the litigation brought overwhelmingly pro se by prison inmates requires specialized handling and expertise.  Medical claims are cast in a ever-widening array of federal civil rights-related claims brought under the federal (and sometime state) Civil Rights Act, Americans with Disabilities Act and other related statutes.  Knowledge and understanding of the ever-evolving body of defenses and procedural requirements is vital to a successful defense.  It is essential for medical providers and personnel to obtain representation from counsel experienced specifically in defending these claims, both in the federal and in the civil rights context.

Gold & Robins, P.C. can help you successfully navigate the thicket that is prison inmate-generated medical litigation in a number of ways.  These include:

• Defense of individual cases in Pennsylvania and New Jersey courts : We provide an extremely pro-active, hands-on, client-involved defense of individual prison medical actions throughout the federal and state courts of Pennsylvania and New Jersey.  As in all the cases we handle, our approach to the defense of prison medical-related cases is one of action, rather than reaction.  From the start of every case, we assume control of the litigation from the inmate, from the pursuit of motions to dismiss (or preliminary objections), which are frequently successful in ending the litigation, through as tight and focused discovery as possible, with the sole objective of preparing a winning motion for summary judgment.  While no one can guaranty the outcome of any particular case, our track record with prisoner medical/civil rights claims is one of rarely going to trial, usually ending the litigation with a preliminary or a dispositive motion, and considering settlement only in the rarest of instances where liability is overwhelming, and exposure particularly high.
   
• Risk evaluation and prevention : Often overlooked, or only casually assessed, by medical providers in the prison setting is the concept of legal risk management.  We can provide prison medical providers with an in-depth analysis and legal evaluation of their prison services policies and procedures, with an eye toward both helping to prevent suits (whether founded or unfounded), and toward preparing a better defensive posture when (not if) litigation arises.  Litigation by prison inmates, the bulk of which is frivolous and unfounded, is a fact of life, and a cost of doing business in today's world.  A proactive, forward-looking approach to such litigation can help reduce the cost, and better position your response to future inmate claims.
   
• Nationwide management and monitoring of litigation : Finally, we can provide you with several options for the nationwide management and/or monitoring of your prison-related litigation.  Whether in our geographic areas of practice (Pennsylvania and New Jersey), or elsewhere, we can provide you with cost-effective options for the nationwide management of your prison medical litigation, including support and monitoring of the progress of litigation and activities of local counsel.  Particularly where local counsel is carrier-appointed and may not have a great deal of expertise with prison litigation issues, or with federal civil rights litigation, we will work with local counsel in preparing motions, and understanding and dealing with the critical legal issues.