I often get questions from organizations who prefer to not have a policy or procedure because they won’t get in trouble for violating a plan if it doesn’t exist. Avoiding deliberate indifference starts with good policy. When writing policies and procedures, organizational leaders should anticipate potential risks and dangerous situations in their industry. By clearly outlining expectations and practices, well-maintained policies can prevent incidents that could result in lawsuits. If a lawsuit does arise, courts will often look at company policies to see if the organization is at fault. Letting policies get outdated could mean that your organization is no longer compliant with ever-shifting laws and regulations in your industry. This can have significant legal ramifications1.
Deliberate indifference is a legal standard that can apply to organizations that willfully choose not to implement best practice policies, procedures, or training for their staff, particularly when such omissions result in harm or violate constitutional rights. Here’s a detailed argument on how this standard applies:
1. Definition and Legal Standard
- Deliberate Indifference: Occurs when an organization knows of and disregards an excessive risk to the health or safety of individuals. This standard is often used in cases involving constitutional rights violations, such as failure to provide adequate training or policies.2
2. Key Elements
- Knowledge of Risk: The organization must have actual knowledge of the risk posed by not having best practice policies, procedures, or training. This can be demonstrated through previous incidents, industry standards, or regulatory requirements.3
- Conscious Disregard: The organization must consciously disregard this known risk. This means they are aware of the potential harm but choose not to take reasonable measures to prevent it.
3. Case Law Examples
- City of Canton v. Harris (1989): The U.S. Supreme Court held that municipalities can be liable under § 1983 for failing to train employees when such failure amounts to deliberate indifference to the rights of persons with whom the employees come into contact. The Court emphasized that the inadequacy of training must be closely related to the injury suffered.4
- Connick v. Thompson (2011): The Supreme Court reiterated that deliberate indifference can be established when policymakers are aware of a pattern of similar constitutional violations and fail to provide adequate training or policies to prevent future violations.5
4. Application to Organizations
- Failure to Implement Best Practices: When an organization willfully chooses not to implement best practice policies, procedures, or training, it can be seen as deliberately indifferent if this omission leads to foreseeable harm. For example, not providing adequate safety training in a high-risk industry can result in preventable accidents and injuries.6
- Regulatory Compliance: Organizations are often required by law to follow certain safety and training standards. Ignoring these requirements can be used as evidence of deliberate indifference, especially if the lack of compliance leads to harm.7
5. Consequences of Deliberate Indifference
- Legal Liability: Organizations found to be deliberately indifferent can face significant legal liability, including damages for injuries or violations of rights. This can include both compensatory and punitive damages.8
- Reputational Damage: Beyond legal consequences, deliberate indifference can severely damage an organization’s reputation, leading to loss of trust and business.9
Conclusion
Deliberate indifference applies to organizations that willfully ignore the need for best practice policies, procedures, or training, especially when such omissions result in harm or violate constitutional rights. By demonstrating knowledge of the risk and conscious disregard, plaintiffs can establish liability and seek remedies for the harm caused.
Sources
1 Consequences of Not Following Policies and Procedures (powerdms.com)
2 Best practices for writing corporate policies and procedures (powerdms.com)
3 Consequences of Not Following Policies and Procedures (powerdms.com)
4 Legal Corner: Departmental Liability for Failure-to-Train (police1.com)
5 Legal Corner: Departmental Liability for Failure-to-Train (police1.com)
6 Best practices for writing corporate policies and procedures (powerdms.com)
7 Consequences of Not Following Policies and Procedures (powerdms.com)
8 Legal Corner: Departmental Liability for Failure-to-Train (police1.com)
9 Deliberate Indifference To Realistic Training Needs: A Question Of Quality – Team One Network
