Can You Sue a Mental Health Facility?

It's hard to struggle with your mental health, and it's even harder to ask for help. So when institutions meant to provide care neglect to do so, it makes an already isolating experience even more distressing.

You've already taken a very vulnerable first step in asking for support for your condition. Don't let mental health malpractice get in the way of your recovery.

If you or a loved one has experienced mistreatment or neglect at a mental health facility, you have the right to seek justice.

We secured $1.3 million for a woman whose misdiagnosis led to neurological injury, and work to secure the maximum available compensation for each of our clients.

Our medical malpractice lawyers at Hodes Milman can guide you toward justice and compensation. Call us at (949) 640-8222 to schedule a free consultation to discuss your legal options.

Common Grounds for Lawsuits against Mental Health Facilities

There are different reasons you may consider filing a lawsuit against a mental health facility, such as:

• If the patient is inadequately supervised and harm or injury occurs.
• If the patient experiences physical abuse by staff members.
• If staff members or other patients sexually abuse the patient.
• If the patient is subjected to emotional abuse or neglect.
• If the patient commits suicide while under the care of a mental health facility.

When these facilities breach their duty of care, the consequences can be deeply traumatic. You may have grounds to sue a mental health facility if you or a loved one has experienced any of the following:

Isolation and Excessive Use of Restraint

Facilities sometimes use restraints or isolation to manage patients. However, any excessive, unnecessary, or prolonged use can cause physical and psychological harm.

Isolating a patient for extended periods without due cause violates patient rights and can be grounds for legal action. Facilities must follow protocols, which often include regular reviews and documentation of care.

Inadequate Supervision Leading to Injury

Patients may be at risk of harm due to falls, aggressive behavior from others, or self-injury. Facilities must provide adequate staffing and monitoring, especially for high-risk patients. Failure to monitor patients who wander, self-harm, or become injured could be grounds for liability.

Medication Errors Specific to Psychiatric Drugs

Mental health facilities are responsible for administering medication regimens. These often require precise dosages, timing, and monitoring for side effects.

Errors in medications, dosage, or monitoring can harm patients and worsen their mental health conditions.

Failure to Treat Co-occurring Disorders

Many patients in mental health facilities suffer from co-occurring disorders. This could come in the form of substance use disorders or other physical health issues.

Failure to provide or coordinate care for these co-occuring disorders can cause the patient to deteriorate.

Delayed or Incorrect Diagnosis of Physical Health Conditions

Mental health facilities may overlook or misinterpret symptoms of physical health conditions as mental health issues.

Sometimes, people dismiss symptoms of neurological disorders or metabolic conditions as psychiatric symptoms. Failure to recognize and treat these can lead to further injury, delayed treatment, or even death.

Incorrect Medication

In addition, you may have grounds to sue a pharmacy for the wrong medication. Mental health facilities often have psychiatric pharmacists to help issue medication. However, a pharmacy might face liability if they provide the incorrect medication, dosage, or instructions.

Surgical Errors

Rarely, doctors may use neurosurgery to treat mental illness. The facility may be liable if negligence contributes to a surgical error.

Can you sue a mental health facility? The answer depends on numerous factors unique to each individual. If you believe you have grounds, contact us at (949) 640-8222 to discuss the details of your case.

How to Sue a Mental Health Facility

Suing a psychiatrist or mental health facility can be a complex and emotionally taxing process. But it's an important step to getting the justice your loved one deserves. Here are key steps to take when pursuing a lawsuit:

Gather Evidence

You need to collect and preserve evidence to build a strong case against a mental health facility. This evidence will prove that the facility failed its duty of care and directly caused harm. Significant evidence may include:

• Medical records
• Witness statements
• Expert testimony, photos, or videos
• Official health department reports

File a Complaint

Once we have reviewed your case and gathered sufficient evidence, we will file a formal complaint in civil court. The complaint outlines the allegations against the mental health facility, specifies the legal grounds for the lawsuit, and describes the damages you seek.

Attempt to Settle

In many cases, mental health facilities and their insurance companies may attempt to settle the case out of court to avoid a lengthy and costly trial. If the facility offers a settlement, we will negotiate on your behalf to ensure that the offer is fair and covers the full extent of your damages.

Go to Trial

If we cannot settle, your case will go to trial. At trial, we will present evidence, call witnesses, and make legal arguments to prove that the mental health facility was negligent or abusive and that this caused you harm. The judge or jury will then decide whether the facility is liable for the harm and, if so, determine your compensation.

The statute of limitations for filing lawsuits against mental health facilities for mental health malpractice or psychiatric malpractice differs from state to state. In many states, the statute of limitations for medical malpractice cases is generally three years from the injury date or one year from the date you discovered or should have discovered the injury.

This rule may have exceptions, so consult one of our experienced medical malpractice attorneys.

Legal Claims Brought against Mental Health Facilities

Mental health facilities are responsible for providing appropriate patient care under state and federal regulations. If mental health facilities fail to fulfill this duty, they could face legal accountability for the resulting harm. Common legal claims include:

• Negligence: If a facility fails to provide the level of care and supervision that a reasonable mental health provider would offer, it may be considered negligence. This could involve inadequate monitoring, failure to prevent self-harm, or allowing abusive staff behavior that results in injury or harm to the patient.
  
• Mental Health Malpractice: When mental health professionals provide care that falls below accepted standards, the facility may be liable for medical malpractice. This can occur if there is a misdiagnosis, improper treatment, failure to diagnose, or inappropriate use of medication, leading to the patient's physical or mental harm.
  
• Breach of Contract: A mental health facility may face liability for breach of contract if it fails to fulfill its contractual obligations. This could include failing to provide specific services promised to a patient, such as individualized therapy, consistent medication management, or specialized care outlined in the treatment agreement.
  
• Violation of Patient's Rights: Mental health facilities must respect patient rights, including privacy, informed consent, and freedom from abuse or unnecessary restraint. If a facility violates these rights-for instance, by failing to keep medical records confidential or subjecting a patient to abusive treatment-legal action may be pursued to uphold the patient's civil rights.
  

National Standards and Federal Laws Governing Mental Health Facilities

Mental health facilities must comply with federal regulations and legal standards. These laws provide additional patient protections and establish grounds for legal action if a facility fails to meet its obligations.

The Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against individuals with disabilities, including those with mental health conditions. If a mental health facility fails to accommodate your disability, such as by refusing to provide accessible facilities or neglecting to consider your mental health needs in treatment planning, it may violate the ADA.

The Mental Health Parity and Addiction Equity Act (MHPAEA)

The MHPAEA requires health insurance plans to cover mental health services. Although this law primarily targets insurance companies, mental health facilities may face indirect consequences if they refuse or limit care due to your insurance coverage.

Civil Rights of Institutionalized Persons Act (CRIPA)

The CRIPA allows the U.S. Department of Justice to investigate and act against mental health facilities, nursing homes, and other care institutions caught violating an individual's rights. While you cannot sue under CRIPA directly, it provides federal oversight that can lead to reforms and improvements in facility practices.

Hodes Milman Holds Mental Health Facilities Responsible

It can be challenging to sue a mental health facility, but we must hold these facilities accountable. With our experienced personal injury lawyers at Hodes Milman, you can seek justice and compensation for yourself or a loved one.

If you believe you have a case against a mental health facility, contact us at (949) 640-8222 as soon as possible to discuss your options and take the first steps toward holding the facility accountable.