|Correctional Healthcare Defense|
Kiernan Trebach has extensive experience defending medical and behavioral health providers who work at correctional institutions, civil commitment centers, and state hospitals. For more than a decade we have been primary outside defense counsel for public healthcare companies serving the correctional industry in Massachusetts and Maryland, while also providing additional services in Pennsylvania.
Our individual clients have consisted of a broad variety of healthcare professionals, including individual physicians, nurses, nurse practitioners, medical technicians, psychiatrists, psychologists, licensed social workers, managers of healthcare facilities, and other healthcare providers.
Facilities in MA with which we have been involved include Bridgewater State Hospital, the Massachusetts Treatment Center, Old Colony Correctional Center, MCI Cedar Junction, MCI Concord, MCI Norfolk, North Central Correctional Institution, MCI Shirley, Souza-Baranowski Correctional Center, and Lemuel Shattuck Hospital Correctional Unit.
We have defended healthcare companies and practitioners against civil actions under state and federal law brought by pro se and represented inmates in federal district court, in state superior, district and small claims courts, and in state agencies such as the Board of Registration in Medicine. In addition, we have defended against claims brought by organizations which advocate for prisoners’ rights, e.g. the Disability Law Center.
There are a multitude of legal causes of action in which we have defended our client companies and individuals ranging from claims of medical malpractice; violation of constitutional rights under the First, Eighth, and Fourteenth Amendments (e.g. cruel and unusual punishment); violation of privacy; disability, sex, and race discrimination; assault and battery; intentional and negligent infliction of emotional distress; negligence; civil harassment; and other related claims.
Our goals in these legal actions are to bring them to a swift and cost effective end through motions to dismiss, and, when necessary, motions for summary judgment. We utilize valid legal strategies to counteract inmate plaintiffs' efforts to conduct inappropriate and abusive discovery, including depositions of our clients’ employees, and to avoid problematic trials. We work closely with our clients’ practitioners and collaborate effectively with Department of Corrections counsel to expedite dismissal of the cases. Our team efforts have led to an impeccable track record.