Every year, patients and families trust mental health facilities to provide safe and professional care. Yet negligence at mental health facilities can result in devastating consequences, including severe physical injury, worsening mental illness, or even wrongful death. If you or a loved one was injured, you may be wondering: Can you sue a mental health facility for negligence?
The answer is yes, at least in some circumstances. When negligence causes harm or death, patients and their family members may be able to hold these mental health facilities accountable.
Examples of Mental Health Facility Negligence
Mental health facility negligence occurs when staff, administrators, or the institution itself fails to properly care for a patient. Negligence can manifest in different ways, each of which could ultimately lead to harm or death. Below are some of the more common examples of negligence in the mental health setting.
Inadequate Supervision and Monitoring
Mental health facilities must maintain appropriate supervision protocols. When the employees at these facilities fail to properly monitor patients, the consequences can be tragic. Some issues we commonly see at these facilities include:
- Failing to conduct required room checks,
- Leaving dangerous items accessible, or
- Ignoring warning signs of a patient's worsening condition.
Typically, these facilities hire psychiatric technicians to perform observation rounds. Essentially, their job is to check on the patient at the required times, usually every 15-30 minutes, and make notes about the check. They'll usually document things like:
- Where the patient was during the check;
- How the patient appeared at that time;
- The exact time of the check; and
- Anything else that might be relevant to the observation notes.
What many families do not know is that these psychiatric technicians often have little or no experience in a psychiatric setting. Moreover, they often are not required to have any education beyond a high school degree. They simply are not qualified to perform the job they have been hired to perform.
However, families are often sold on how wonderful these mental health treatment facilities are. The reality is that many of these facilities are for-profit, private businesses, and their goal is to sell spots in the facility. They are usually great at marketing, and families can be misled regarding the details about the facility they are trusting to watch over their loved ones.
Insufficient Staffing
In addition to hiring people that are not qualified to provide mental health services, mental health facilities may also be understaffed. In our experience, we've seen that many of these facilities don't have near enough staff members making observation rounds. As a result, psych techs can miss observation checks, and patients aren't observed as frequently as they should be.
Lack of Security
Mental health facilities must maintain secure environments to prevent patients from escaping and to prevent people on the outside from gaining unauthorized access. When facilities fail to implement basic security measures, patients can leave the facility and face life-threatening dangers.
Common security issues include:
- Broken or inadequate fencing that patients can climb over or crawl under
- Unsecured windows without locks, bars, or shatterproof glass that patients can escape through
- Faulty door systems including broken locks, doors that don't close properly, or exit alarms that don't work
- Non-functioning security cameras or unmanned monitoring stations
- Lack of perimeter checks allowing patients to find and exploit weak points in security
These aren't just theoretical risks. Patients who escape from mental health facilities often die.
Medication Errors and Mismanagement
Facilities can be negligent in the way they prescribe mediations, and this can lead to medical malpractice claims. These mistakes include:
- Prescribing the wrong medications
- Giving the patient the wrong dose of medication
- Failing to monitor patients for adverse reactions
- Inadequate documentation of medication administration
Failure to Develop Appropriate Treatment Plans
Every patient needs individualized treatment plans based on their specific needs. If a facility uses a generic approach that's not proper for the patient, this could constitute negligence.
Over time, the plan for an individual patient may evolve. Facilities need to update plans as conditions change and follow proper treatment protocols for specific mental conditions.
Improper Restraint Use
While restraints may sometimes be necessary, their misuse could be negligence. Facilities must follow strict protocols regarding when and how restraints are applied. Excessive force, prolonged restraint, or using restraints as punishment rather than for safety may be a violation of accepted standards of care.
Improper Discharge
Facilities sometimes discharge a patient before the patient is ready. A patient could be discharged early for many reasons, but it's often because the insurance money ran out. Patients that are discharged too early can be a danger to themselves or others.
Elements of a Negligence Claim Against a Mental Health Facility
To successfully pursue a negligence lawsuit against a mental health facility, you must prove four key elements. Understanding these foundational elements of negligence can help patients and families recognize when they have valid claims.
Duty of Care
Mental health facilities owe a duty of care to their patients. This legal obligation requires them to provide treatment and care that meets professional standards. The duty extends to all aspects of care, from initial assessment, to performing proper checks, to discharging the patient.
Mental health professionals within these facilities also carry individual duties. Psychiatrists, therapists, nurses, and support staff must each perform their roles competently and ethically.
Breach of the Duty of Care
Proving negligence requires demonstrating that the facility failed to meet the duty of care. These standards derive from:
- Professional guidelines and best practices
- State and federal regulations
- Industry protocols for specific conditions
- Comparable care provided by similar facilities
Expert testimony can be crucial in establishing what constitutes acceptable care and how the defendant facility or medical professional deviated from these norms.
Causation
A claimant must prove that the breach of duty directly caused harm and that the harm suffered was foreseeable. Causation can be the deciding factor in a negligence case.
In the context of medical malpractice, you may need to prove that the psychiatrist prescribed the wrong medication or the wrong dose of medication. As a result, the patient suffered an injury or died. The “as a result” bit is the causal link between the breach of duty and the damages suffered.
In the context of ordinary negligence, the scenario we typically see involves a failure to check on a patient. Without the required surveillance or observation check, the patient may commit suicide or leave the facility and suffer harm. Thus, the psychiatric technician’s failure to check on the patient resulted in the patient being able to harm themselves or escape.
Damages
The final element of negligence is damages. Essentially, this means that a claimant must be able to show actual damages resulted from the breach of duty. Damages may include things like:
- Medical expenses resulting from the injury;
- Lost wages;
- Pain and suffering;
- Loss of enjoyment of life; and
- In death cases, damages to family members for the wrongful death of their loved one.
Steps to Filing a Negligence Lawsuit Against a Mental Health Facility
Taking legal action against a mental health facility requires careful planning and adherence to specific procedures. Understanding these steps helps ensure your case proceeds effectively while protecting your rights throughout the process. Here's what you need to know about pursuing a lawsuit against a mental health facility.
Step 1: Talk with a Mental Health Facility Lawyer
The first and most critical step is consulting with attorneys who understand mental health facility cases. Not all lawyers have experience with these types of cases.
During your initial consultation, we can talk with you to determine what happened and what your legal options are. We offer free consultations for these cases and work on contingency, meaning you don't pay unless we win your case.
Your attorney will need to determine whether your case involves medical malpractice or ordinary negligence. This distinction is crucial because it affects the legal requirements and procedures you must follow. Many mental health facility cases involve ordinary negligence rather than medical malpractice, which can simplify the legal process.
Step 2: Perform an Investigation
Once you've retained an attorney, they'll begin a thorough investigation into the negligence at the mental health facility. This investigation phase is critical for building a strong case and typically includes:
- Checking for previous violations or complaints
- Checking online reviews by patients and staff members
- Examining staff hiring documents
- Investigating ownership and management structures
- Reconstructing the timeline of events
- Identifying all potentially responsible parties
- Reviewing observation logs and medical records
- Reviewing any surveillance video footage
- Performing an in-person inspection of the facility
- Interviewing former staff members or witnesses
- Consulting with experts to explain the ways in which the facility was negligent
A thorough investigation is critical in cases against mental health facilities. Staff members may be encouraged to destroy, alter, or bury evidence, and a proper investigation allows us a better chance of catching them engaging in deceptive tactics.
Step 3: Gather All Relevant Documents and Files
Documentation forms the backbone of any successful lawsuit against a mental health facility. Your attorney will work to obtain a variety of files and documents, which include things like:
- Medical records
- Observation records
- Incident reports and internal communications
- Discharge summaries and aftercare plans
- Photographs and security footage
- Communications with facility staff
- Witness contact information
- Personal journals or notes about the treatment
- State inspection reports
- Facility policies and procedures
- Staff training records
- Staff background checks
Time is critical in gathering evidence. Facilities may lose, destroy, or alter records, especially once they anticipate legal action. Your attorney can send preservation letters requiring the facility to maintain all relevant documents early on to ensure there are legal consequences if evidence is not preserved properly.
Step 4: Send a Detailed Demand for Payment
Before filing a lawsuit, your attorney will typically send a demand letter to the mental health facility and their insurance company. The demand letter includes:
- Details about the incident
- How the facility and/or staff members were negligent
- The harm suffered
- The amount of money demanded
If the case involves medical malpractice, there are specific pre-suit procedures under Florida law. These requirements are under Chapter 766 and include:
- Pre-suit Investigation: Medical malpractice attorneys must conduct a reasonable investigation to determine if grounds exist for a medical malpractice claim.
- Expert Affidavit: A qualified medical expert must provide a written opinion that negligence occurred.
- Notice of Intent: You must a notice of intent to initiate litigation to the potential defendants.
- Pre-suit Discovery: Both sides can request documents, send interrogatories, and take unsworn statements.
- Settlement Negotiations: The Statute provides for a 90-day period for the parties to negotiate and potentially reach a settlement without formal litigation.
Many lawyers mistakenly assume all mental health facility cases require Chapter 766 compliance. However, claims based on failure to conduct checks or inadequate staffing often qualify as ordinary negligence, avoiding medical malpractice laws. We can help you determine the correct classification for your case.
Step 5: File a Lawsuit
If settlement negotiations fail, your attorney can file a lawsuit. The complaint (the formal “lawsuit” document) must be filed with the court within the statute of limitations. In Florida, the statute of limitations is two years from the date of injury or two years from the date of death. However, in medical malpractice cases, the statute of limitations may not start running until the date when the injury was discovered or should have been discovered.
The complaint contains basic information about the case, including:
- The relevant facts
- The causes of action (specific allegations of negligence)
- Basic information about the injuries or damages suffered
- Legal theories supporting your claim
Once the lawsuit is filed, the other side typically has 20 days to respond. The response is called the “Answer” to the complaint. Once the defendant files an answer, the parties will begin the discovery process, where both sides exchange evidence, send interrogatories, and take depositions.
Compensation Available When You Sue a Mental Health Facility For Negligence
Successful lawsuits against mental health facilities can result in various forms of compensation to victims and their families. The types of damages available will depend on whether the case involves an injury or a death.
Injury Cases
In Florida, when negligence at mental health facilities causes injury but not death, victims can recover for things like:
- Past and future medical expenses
- Lost wages and earning capacity
- Pain and suffering endured
- Emotional distress and trauma
- Loss of life enjoyment
Death Cases
When negligence results in death, Florida law allows family members to recover for things like:
- Medical and funeral expenses
- Loss of financial support and services
- Mental pain and suffering of surviving family
- Loss of companionship and guidance
- Loss of parental relationship (for minor children)
Punitive Damages
Florida permits punitive damages when facilities engage in intentional misconduct or gross negligence. To be able to argue punitive damages in front of a jury, the conduct must be so reckless or wanting in care that it shows a conscious disregard for life, safety, or rights of others. Courts occasionally allow for punitive damages, but the behavior must be particularly bad.
For example, when a mental health facility tries to cover up negligence by altering records, destroying evidence, or falsifying observation logs after an incident, this behavior may support a claim for punitive damages. Ultimately, punitive damages exist to punish or deter egregious conduct rather than make the plaintiff or claimant whole. Punitive damages open the door for lawyers to say things to a jury they wouldn’t otherwise be able to say, and that's why courts only allow for punitive damages in cases where the conduct is especially egregious.
How Lawsuits Against Mental Health Facilities Bring About Positive Change
Lawsuits can bring about systemic changes that prevent others from dying or suffering. Many of these facilities cut corners in an effort to boost profits. This is especially true today, when businesses are being consolidated and bought up by private equity and massive entities.
Lawsuits are a way to hold negligent facilities accountable so that they have to factor in the costs of cutting corners. You can't put a business in jail, but you can strip it of resources. With the threat of litigation, facilities are more likely to:
- Hire more people
- Improve staff training programs
- Hire better qualified people
- Update safety protocols
- Enhance supervision procedures
- Implement better quality control measures
Overall, mental health care gets better over the long term when the facilities involved make things better. They are in control, and if they’re financially motivated to change things for the better, they will do it. However, if they are not punished for cutting corners, they have no incentive to change.
Wondering Whether You Can Sue a Mental Health Facility For Negligence?
If you believe negligence at a mental health facility harmed you or a loved one, you should seek legal help. You can call us any time at (321) LAWSUIT and schedule a time to talk with a lawyer. We offer free consultations, and if we can help you, you will not have to pay us anything until we win money for you.
Please, do not be discouraged if other firms have turned your case down. Many people have called us after dozens of other law firms turned them down. We know what to look for in these types of cases, and we've successfully handled many cases that lots of other firms rejected.
Pursuing justice for negligence at mental health facilities takes courage. However, while the legal process may seem daunting, remember that holding negligent facilities accountable can save lives and end suffering. The bottom line is that mental health facilities will not change unless we give them a reason to change.