NCJ Number
45075
Journal
YOUTH AUTHORITY QUARTERLY Volume: 30 Issue: 4 Dated: (WINTER 1977) Pages: 8-16
Date Published
1977
Length
9 pages
Annotation
BACKGROUND INFORMATION ON MALPRACTICE LIABILITY IN CORRECTIONS IS PRESENTED, AND ADVICE IS OFFERED TO CORRECTIONS PRACTITIONERS IN LIGHT OF THE LIKELY INCREASE IN MALPRACTICE ACTIONS.
Abstract
LIABILITY CONCERNS OBLIGATION FOR PERFORMANCE AT A REASONABLE LEVEL AND ACCOUNTABILITY FOR ATTAINING OR FAILING TO ATTAIN THAT LEVEL OF PERFORMANCE. MALPRACTICE IS THE IMPROPER, INJURIOUS, OR NEGLIGENT PERFORMANCE OF PROFESSIONAL DUTIES, I.E., PROFESSIONAL MISCONDUCT OR UNREASONABLE LACK OF SKILL OR FIDELITY. THESE CONCEPTS HAVE IMPORTANT IMPLICATIONS FOR THE CORRECTIONS PRACTITIONER IN TERMS OF HIS OBLIGATIONS AND IN TERMS OF MORAL, CIVIL, AND CRIMINAL LIABILITY. THE CORRECTIONS PRACTITIONER'S MORAL LIABILITY STEMS FROM THE POWER AND INFLUENCE HE HOLDS OVER THE LIVES OF OTHERS. CIVIL LIABILITY RELATES TO THE CONCEPTS OF 'DUE AND PROPER CARE,' THE RIGHT TO TREATMENT, AND THE PRACTITIONER'S RESPONSIBILITY TO PROTECT THE COMMUNITY. CRIMINAL LIABILITY IS REFLECTED IN STATE LAWS CONCERNING THE UNAUTHORIZED RELEASE OF INFORMATION ON OFFENDERS AND THE DEPRIVATION OF THE RIGHTS OF AN ARRESTED PERSON. FACTORS THAT MAY CONTRIBUTE TO AN INCREASE IN MALPRACTICE ACTIONS AGAINST CORRECTIONS PRACTITIONERS INCLUDE INCREASING CRIME RATES, GROWING PUBLIC AWARENESS OF PERSONAL RIGHTS, AND THE ABROGATION OF THE SOVERIGN IMMUNITY DOCTRINE. THE PRACTITIONER'S BEST DEFENSE AGAINST MALPRACTICE ACTIONS IS NOT TO PROMISE WHAT CANNOT BE DELIVERED, AND TO PERFORM THE CORRECTIONS FUNCTIONS WITH REASONABLE SKILL. STANDARDS OF PROFESSIONAL PERFORMANCE IN CORRECTIONS SHOULD RECEIVE CAREFUL ATTENTION IN THE CONTEXT OF THE MALPRACTICE ISSUES.