Cases that involve a suicide at a mental health facility are some of the most heartbreaking cases we can see at our law firm. There are many factors that make this so, but one of the most sad aspects of these cases is the pain everyone involved deals with. It's nearly impossible to adequately paint a picture of what the people in these cases have gone through, but here are some valuable insights.
Families are hopeful when their loved one is placed under the care of a facility. It's been a long road for them. They have generally been suffering for a long time before their loved one finally gets help at a facility.
For many families, they may have gone months or even years without a good night of rest because they are constantly worried that they are going to get a call that their loved one has died by suicide. They feel powerless against whatever it is that is troubling the person they care about, and the stress takes a toll over time. By the time they reach us, they're exhausted.
Sometimes, the loved one is struggling with suicidal ideations or substance use disorders. Sometimes it's childhood trauma. And sometimes, it's a combination of things.
Over the course of a case, we get to know the family's struggles intimately. We've learned that they carry a psychological burden with them every day. It's a heavy burden, something that none of us would wish on our worst enemy.
And yet, these people, these families, adapt and somehow find the courage and strength to push through each day. They have to get up and go to work. They have to do the things that need to be done each day.
All the while, they're fighting back the thought: Today might be the day. It's inspiring to see their grit and determination. It's also a testament to the human spirit and the ability some people have to keep walking forward, even when it's painful beyond imagination.
For their loved one that is suffering, the pain is equal. It's just different. They're fighting against something that many of us don't have to face. By the time they go under the care of a mental health facility, they're tired too. They're worn down.
The fight against the despair or depression, whether it's been going on for months or years, has stripped away their energy and often their will to live. The pain they have been struggling with starts to win that fight. That voice in their head telling them horrible things starts to drown out the voice telling them to keep going, to keep fighting because things will get better.
This battle they are fighting often consumes them. It is hard for the average person to imagine what that must be like, to be at war from the moment you wake up to the moment you drift into sleep at night. However, after going through these cases and reading through all the documents and writings, this is the best way I can articulate what these people go through. It is a war, an exhausting battle to get through each waking minute.
There comes a point when a person who is suffering realizes that they need help. This is how people end up in a mental health facility or behavioral treatment facility. They check themselves in or their parents check them in. Usually, their family has wanted them to get help for a while, and at some point, they give in.
Once the person enters the facility and is under the facility's care, the family breathes a sigh of relief. They are relieved that their family member is finally getting the help they need. They're hopeful that everything will get better soon.
Hope is unique in this context. You have to remember that these people, these families, have not allowed themselves to hope. They've forgotten what hope feels like. So, when they finally have it, it washes over them. They allow themselves to dream, to imagine what it will be like when their loved one is "OK" again.
The part that makes this job so hard sometimes is when the dream gets crushed out of nowhere. Here's how that usually happens.
Typically at night, they will get a phone call from a number they don't recognize. They don't recognize the number, but they know the area code, so they answer the phone. On the other end of the line is someone whose tone immediately informs them of the worst, long before the words are spoken.
Usually, it's someone at the facility charged with breaking bad news to families. There is no time for small talk, so they break it to the family member: "Your child has passed away."
It's a complete shock when someone gets this call, and it takes a while to get through the initial blast of anxiety. However, within a few days, they start to have questions. They don't understand how this could happen because the facility was supposed to be watching their loved one. Usually within a couple of weeks, the anxiety turns to anger when they realize that something like this couldn't have happened without negligent or reckless behavior.
That's when the family starts looking for answers, and that's when they reach out to us to help them get those answers and hold the people responsible for their loved one's death accountable. However, these aren't simple fender-bender cases. They aren't easy money cases. They're not something a legal assistant or non-legal staff can or should handle. They're complex and fraught with traps in the law designed by insurance companies to protect the healthcare industry.
We understand these cases. They matter to us because we've seen behind the curtain. We've worked with grieving families that have become our friends. We have cried with them, and we have grieved with them. We have seen these facilities do horrible things and try to cover it up. We have seen their complete and utterly disgusting lack of remorse. We have seen them throw their employees under the bus. It all boils down to one thing: money. It should boil down to protecting people and taking care of them when they trust you (and pay) for help.
If your loved one committed suicide at a mental health or behavioral treatment facility, please call us at (321) LAWSUIT. It doesn't matter if you're calling us for a 20th opinion. We want to help, and we want to change this industry so more people don't get hurt. We will do whatever we can to help you.
In the rest of this article, we will talk more about the the legal side of these types of cases. That way, you can get a better understanding of the road that lies ahead, if you choose to pursue a claim for wrongful death.
Understanding the Legal Basis for a Failure to Prevent Suicide Lawsuit
When treatment facilities and recovery residences accept responsibility for a patient's care, they assume a legal obligation to provide adequate suicide prevention measures. This duty becomes especially critical for patients identified as high risk for self-harm.
Importantly, most of these cases involve ordinary negligence rather than medical malpractice cases. The psychiatric technicians and behavioral health technicians responsible for monitoring patients typically don't qualify as mental health professionals under Florida law, or the laws of other states where we handle cases. That's because they're not required to have medical training or expertise. In fact, many have nothing more than a high school diploma.
This distinction matters because it means families don't need to navigate the complex pre-suit requirements of medical malpractice claims. It also means that Florida's notorious "Free Kill" law does not step in to stop them from holding wrongdoers accountable. Unfortunately, this distinction is also why many families are told they don't have a case and why so many facilities aren't held accountable after a death they are responsible for.
The Reality of Unqualified Staff and Systemic Failures
In our experience investigating these cases, we've discovered a disturbing pattern that goes to the heart of why these tragedies occur. Facilities routinely hire people with absolutely no experience in psychiatric settings to monitor patients at risk of suicide. These employees, often called behavioral health technicians or psychiatric technicians, are tasked with conducting critical observation checks on vulnerable individuals who may be actively contemplating attempting suicides.
Putting someone with little or no experience in charge of suicide risk assessment and monitoring is dangerous. These individuals often receive minimal training, sometimes just a few hours, before being placed in positions where lives literally depend on their vigilance.
The facilities know exactly what they're doing. They hire unqualified staff because they're cheap. When profit margins matter more than patient safety, this is the calculation facilities make. It's not fair to the patients or their families, and it's not fair to the employees being put in this position. However, with private equity getting involved in the industry and massive consolidations, we are not likely to see any improvement anytime soon.
How Chronic Understaffing Creates Deadly Conditions
Beyond hiring unqualified staff, facilities deliberately operate with skeleton crews to maximize profits. We've seen cases where only a few technicians are responsible for monitoring 10, 15, or even more patients simultaneously. When someone is supposed to conduct 15-minute or 30-minute checks on multiple patients at risk for suicide, basic math tells you it's impossible.
These staff members face an impossible situation. They're supposed to physically observe each patient, document their observations, respond to any emergencies, and still somehow complete all required checks every 15 or 30 minutes. It can't be done.
So what happens? Staff members are forced to cut corners. They miss checks. They falsify documentation, writing that they observed a patient when they didn't. Sometimes supervisors even pressure them to falsify these records.
In case after case, we obtain surveillance footage that proves the required checks simply weren't happening. We've seen gaps of hours where no one checked on a patient who would later commit suicide. The observation logs show checks every 15 or 30 minutes, but the video tells a different story.
Other time, the video somehow disappeared after the death. They claim they accidentally "lost" the video surveillance footage, but that's an insult to the families. You don't just lose footage when someone dies at your facility. It doesn't take a Sherlock Holmes to figure that one out.
This kind of stuff happens in nearly every case involving a suicide at one of these facilities. This isn't just negligence – it's systemic fraud that costs lives. It's outrageous, and it's happening at these mental health facilities across the country.
Warning Signs of Suicide That Untrained Staff Miss
Properly trained mental health professionals know the warning signs of suicide. They understand that patients who suddenly seem calm after expressing suicidal thoughts may have made a decision to end their lives. They recognize when someone is testing boundaries, looking for opportunities. They know to be especially vigilant during shift changes, meal times, and other transitions when supervision might be lighter.
But untrained staff don't know these things. They don't understand that when someone at high risk of harm needs immediate intervention. They miss critical signs because no one taught them what to look for. The facilities that hired them knew they weren't qualified, but chose to put them in these positions anyway.
The Legal Elements of a Failure to Prevent Suicide Lawsuit
To successfully pursue a failure to prevent suicide lawsuit, certain legal elements must be established. Namely, we have to establish the four elements of negligence, as described in greater detail below.
Duty of Care
Facilities providing health care and mental health services owe their patients a heightened duty of care. Under Florida law, these facilities qualify as caregivers for vulnerable adults. They must provide the supervision and services necessary to maintain patient safety and protect them from harm, which includes self-harm.
Breach of Standard Care
A breach of the standard of care is a failure to do one's duty. Common breaches we see in these cases include:
- Failure to conduct required observation checks (often every 15 minutes for high-risk patients)
- Falsifying observation logs and medical records
- Not keeping medical records or observation logs
- Hiring staff without psychiatric training or experience
- Operating with inadequate staffing levels
- Failing to remove ligature points and dangerous items
- Not implementing or following safety protocols
- Not implementing proper security
- Ignoring previous suicide attempt history
Causation
The facility's negligence must directly contribute to the death. It must also be foreseeable that a particular breach of duty could lead to the harm that occurred. For example, when a facility does not properly supervise a suicidal patient, and the patient commits suicide, you have a strong argument for causation.
Damages
Families suffer profound losses beyond their grief. Damages could include a number of things, like funeral expenses, lost financial support, severe emotional trauma, and suffering.
Why These Are Not Medical Malpractice Cases
It's crucial to understand that most facility suicide cases involve ordinary negligence, not medical malpractice. Under Florida law, for medical malpractice pre-suit requirements to apply, the defendant must be a healthcare provider enumerated in statute 766.202(4). Mental health facilities and their non-medical staff don't usually fall under this statute and thus aren't "healthcare providers" under the statute.
This makes common sense. The negligence typically doesn't involve medical decisions or treatment plans. We're not claiming a doctor prescribed the wrong medication or that a psychiatrist misdiagnosed a condition. Instead, these cases involve the failure to execute basic safety protocols, to simply watch and check on vulnerable patients as required.
When a behavioral health technician fails to conduct observation rounds, that's not a medical judgment error. It's ordinary negligence. After all, the jury does not need a medical expert to tell them that it's negligence to not check on someone every 15 minutes or 30 minutes, as required. This is not technical or difficult to understand. If someone is suicidal and has been put on 30-minute checks, and then they aren't checked on for several hours, a layperson can understand that suicide is a risk.
The Harsh Reality of Suicide Rates in Treatment Facilities
Rates of suicide in mental health facilities remain alarmingly high, particularly in Florida where the addiction treatment industry has become notorious for prioritizing profits over patient care. Studies show that individuals identified as high risk can be kept safe with proper monitoring and adequate staffing. Yet facilities continue to operate with untrained, overwhelmed staff who cannot possibly provide the level of supervision required to prevent suicide.
In our investigations, we've uncovered facilities where:
- Security cameras don't work or aren't monitored
- Anti-ligature modifications ordered were never completed
- Staff experienced chronic shortages for months leading up to the suicide
- Observation logs were falsified
- Observation logs weren't kept
- Dangerous items remained accessible to suicidal patients
These aren't isolated incidents. They represent industry-wide practices where cutting corners on safety is standard operating procedure.
Taking Action After a Preventable Death
If your loved one died by suicide in a treatment facility, you deserve answers. Here are some of the steps we can take to build the strongest case possible:
- Request all medical records and observation logs
- Obtain any surveillance footage before it's deleted (if it hasn't already been deleted)
- Review communications with facility staff
- Preserve any important messages or communications
- Request incident reports and internal investigations
- Perform an on-site inspection of the facility
- Hire private investigators and experts
Facilities often attempt to cover up their negligence. We've seen altered records, destroyed evidence, and staff members pressured to change their stories. Acting quickly to preserve evidence is crucial.
Fighting for Systemic Change
Beyond compensation for families, these lawsuits serve a vital purpose: forcing facilities to change dangerous practices. When facilities face financial consequences for their negligence, they suddenly find the money to do things the right way, like:
- Hire qualified staff with proper training
- Maintain adequate staffing levels
- Implement and follow safety protocols
- Complete anti-ligature modifications
- Fix broken security systems
- Provide real supervision for vulnerable patients
The tragic truth is that most suicides in treatment facilities are preventable. Proper staffing, qualified personnel, and basic safety measures save lives. But these changes only happen when facilities are held accountable for their failures.
Why Facilities Must Be Held Accountable
These facilities receive millions in insurance payments, government funding, and private pay from desperate families. They promise a safe, controlled environment where vulnerable individuals can heal. Instead, they operate like warehouses, minimizing costs while maximizing the number of patients they can bill for.
The employees aren't the villains here. Many are good people trying to do an impossible job. They're put in situations where they cannot succeed, asked to monitor far too many patients with no training or support. When tragedy strikes, they carry tremendous guilt even though the real responsibility usually lies with facility owners and administrators who created these dangerous conditions.
Even when employees are bad actors, the blame belongs to the facilities. They are supposed to properly vet the people they hire to watch over vulnerable individuals. When they don't, it's foreseeable that they might hire a bad actor that will harm someone. This is where the cause of action, "negligent hiring and retention," comes into play.
Ultimately, the facilities are getting paid and it's their duty to watch over the people in their care. When something goes wrong, the facility is responsible.
Contact Our Experienced Legal Team
At Spetsas Buist, we understand the devastating impact of losing someone to preventable suicide in a treatment facility. We've successfully handled cases that many other firms rejected.
We know what to do to bring a successful claim against one of these facilities. We know how to investigate these cases, what evidence to look for, and how to prove that proper supervision would have saved your loved one's life. We've recovered millions of dollars for families that wanted justice.
Call us at 321-LAWSUIT for a free consultation. We work on contingency, meaning you pay nothing unless we recover money for you. Don't let facilities continue operating without consequences. Your loved one deserved protection and proper care. When facilities fail in their most basic duties, they absolutely must be held accountable.
The path forward after such a loss is incredibly difficult, but you don't have to walk it alone. Let us help you seek justice and ensure that facilities can no longer put profits over the lives of the vulnerable individuals in their care.