Mental health professionals and mental health facilities have a duty to treat patients with dignity and respect by providing appropriate care and preventing patient harm.
Psychiatric patients are particularly vulnerable
Most mental health professionals fulfill these obligations, however, some providers cause significant suffering and harm to patients and their loved ones. If you feel your mental health professional has not fulfilled their obligations, call the DiCello Law Firm right at 1-888-778-8880 right away.
Psychiatric patients are particularly vulnerable and depend on mental health professionals to provide appropriate support and care. When a mental health professional fails to provide the kind of care that would be reasonably expected of a provider under similar conditions and a patient suffers harm, the provider can be held responsible through a medical malpractice lawsuit.
We are dedicated to vigorous representation against mental health professionals who are responsible for harming their patients. If you or a loved one has been harmed by a mental health provider or facility, we are available to answer your questions and determine the best way to pursue justice on your behalf.
Components of a Psychiatric Malpractice Case
There is an important distinction between feeling wronged and mistreated and being the victim of mental health malpractice (though they often go hand-in-hand). In order to prove a mental health malpractice claim, four elements must be present:
- A provider-patient relationship must be established. In a mental health malpractice case, it will be important to show that a relationship existed between you (or your loved one) and the mental health professional. This establishes that the provider had a duty of “reasonable care”
- The provider breached this duty of reasonable care. Through a psychiatric malpractice claim, it is necessary to show that the provider acted negligently or outside the scope of their professional responsibilities.
- The patient or client suffered harm. The harm caused by mental health malpractice can involve actual physical injuries or even death (including suicide) or may involve emotional suffering, memory loss, aggravation of one’s psychological condition, and similar types of harm.
- A causal relationship exists between the provider’s breach of duty and the patient’s injury. This means that the professional’s negligence or wrongful action must be shown to have caused injury to you or your loved one. This can be the most difficult aspect of your case, which is why it is extremely important to seek legal advice and assistance from experienced medical malpractice attorneys.
We are prepared to investigate your claim to determine if pursuing a mental health malpractice case is the best option for you. If so, we will work diligently to prepare your case in order to help you seek the compensation you deserve.
What is Mental Health Malpractice?
Mental Health malpractice can occur in many ways, including but not limited to:
- Failure to diagnose a patient or client, or the worsening of their condition
- Failure to properly treat a patient or client
- Negligent or harmful use of medications
- Failure to adequately supervise a patient or client, particularly patients or clients who are at risk for harming themselves or others
- Lack of informed consent to use a particular therapeutic technique, medication, or procedure
- Negligent application of psychotherapy
- Emotional manipulation or physical abuse
- Failure to care/ abandonment
- Failure to prevent harm
- Breach of privacy
- Sexual relations with a patient.
Preventing Suicide in At-Risk Patients
Mental health professionals have an important duty of protecting patients or clients and their families. This includes responding appropriately and promptly to threats or warning signs of suicide or other harmful actions. If a mental health professional fails to identify and respond appropriately to a patient’s or client’s condition, they can be held liable when the patient or client harms themselves or others. If your loved one has committed suicide while under the care of a mental health professional, this is undoubtedly an immensely difficult time. If you suspect that your loved one’s suicide was preventable, you may wish to learn more about your legal rights and options.
Obtaining the Compensation You Deserve
When pursuing a mental health malpractice case, you may seek justice and the compensation you deserve for your losses and suffering. Through a mental health malpractice claim, you may be eligible to seek compensation for past and future medical expenses, loss of income or earning ability, emotional pain and suffering, and more.
The lawyers at the DiCello Law Firm are experienced in handeling mental health malpractice cases. If you or a loved one is in need of help, call us at 1-888-778-8880 right away.