When a patient enters a rehab facility, such as a mental health facility, a reasonable standard of care is expected.
When Injuries, Negligence and Abuse Have Occurred, Consult an Expert Attorney on Your Rights
In the world of law, the term “injury” could refer to almost any type of damage: physical, emotional, financial, or a combination. If you sustained injuries while in treatment at a mental healthcare facility, seeking a legal consultation to know your rights can be a beneficial next step.
According to The National Institutes of Health, “mental health facilities can provide essential support to people with complex and longer term mental health problems, including inpatient services and community teams providing clinical input to people living in supported accommodation services.” A report from the U.S. Department of Health and Human Services shows that 29% of patients in rehabilitation facilities sustain injuries caused by improper treatment, and 46% of these injuries are likely preventable.
Standard of Care, Duty of Care
When a patient enters a rehab facility, such as a mental health facility like the Brattleboro Retreat located in Southern Vermont, a reasonable standard of care is expected. Under the law, this means that one can expect the attention and care provided by any reasonable medical professional implementing the proper standard of care.
All rehabilitative and mental health care facilities have a crucial responsibility known as “Duty of Care” and, therefore, are potentially exposed to liability in a legal negligence case due to: (1) accidents, (2) intentional acts of abuse or neglect, or even simply (3) the failure to act. Two key duties of a mental health facility include making sure that all nurses, technicians, mental health workers, specialists and other staff are fully trained in every aspect of their responsibilities, and making sure that the facility, at any given time, has enough personnel to safeguard the residents and patients to ensure that all efforts are taken to avoid neglect.
Types of Negligence
Negligence, simply put, is the absence of a reasonable standard of care. Therefore, negligence could take many forms, including, but not limited to:
- Failure to diagnose. A healthcare professional’s failed diagnosis or misdiagnosis of a condition that another healthcare professional reasonably would have been able to diagnose can lead to short- and long-term injuries to a patient.
- Prescription errors. Dispensing incorrect medication; dosage strength, form, or miscalculation; and even failure to identify dangerous drug interactions.
- Abuse. Patient abuse at the hands of a mental health facility could be physical in nature, but also psychological, emotional, and sexual.
Even in cases of self-inflicted injuries or death, rape or molestation by other patients or third-parties on the facility premises, the facility may own most of, or all of, the responsibility for the injuries.
Victims Taking Legal Action
The resulting damages sustained by the patient may possibly be claimed by way of a lawsuit. The type and amount of compensation you may be able to collect will depend on the type of injuries sustained and the cause of the injuries while in the care of the facility.
As an injured patient of a mental health retreat or facility should first take care to document as much as possible of the details and circumstances of the injury events. Physically writing about, or journaling about, the injuries can be helpful as a healing process and are equally important to pursuing a lawsuit. Identifying witnesses to the details and circumstances in which a patient was injured is also important to lawsuit pursuits.
The attorneys of Kramer Law, P.C. have expertise in advocating for patients injured during their treatment at the Brattleboro Retreat. We have experience representing victims on a contingency basis, which means that legal fees will only be due and owing in the event that we secure a financial compensation for you. Our staff take great care to collect your records, engage witnesses for testimony, prepare for depositions, mediation and we are experienced and will be prepared to take your case to trial, if necessary.
Do you believe that you have a legal case against the Brattleboro Retreat or other medical facility in the State of Vermont?
We have over 40 years of legal experience serving victims and the injured of Windham County, Windsor County, Bennington County and beyond. Call our offices (802) 257-2221 or email us at [email protected] to schedule your free legal consultation. We promise to give your story our undivided attention and give you dependable legal advice.
