If you suffered a Phoenix rehab center injury or a loved one died under the care and supervision of a drug or alcohol treatment center, contact the personal injury lawyers at Gallagher & Kennedy for assistance. You may have grounds for an injury lawsuit.
Full Answer
Can a personal injury lawyer take my mental health malpractice case?
May 13, 2020 · To sue a rehab facility for an injury, you will have to prove that the rehab owed you a duty of care, breached that duty of care, and that you were seriously injured and suffered significant damages as a result. As long as you can hire an attorney who knows how to gather and present all evidence needed to prove that the rehab employers or staff ...
Do I need a lawyer for nursing home abuse?
Gilman & Bedigian Represent Those Hurt at Rehab Centers. The personal injury lawyers at Gilman & Bedigian strive to legally represent people who have been hurt in a variety of situations, including those who have been hurt at drug or alcohol rehab treatment centers.
Can a civil lawsuit be filed for nursing home abuse?
Many RTCs are owned by gigantic corporations which can pay for armies of lawyers at their disposal. The RTC industry as a whole is also very worried about negative publicity, so they have an incentive to aggressively fight any lawsuit. To be successful, you need an experienced RTC abuse attorney in your corner.
What goes into care facility negligence litigation?
Rehab Center abuse comes in a multitude of forms including: Physical assault. Sexual abuse. Verbal abuse. Early discharge. Not monitoring self-destructive actions. Humiliating the patient by taking humiliating photos and posting them on social media. Confining to a chair or bed. Overmedicating or under medicating.
What is a residential treatment center?
Residential treatment centers (RTCs) help people struggling with behavioral, chemical, and other issues. Millions of people have entrusted RTCs to provide top-quality service and to take care of loved ones. Unfortunately, RTCs also have a long history of abuse and other wrongful conduct. Residents suffer physically, mentally, and emotionally, ...
What should a treatment center investigate?
A treatment center should fully investigate an applicant’s background, including job history, and criminal record. If an RTC fails to perform an adequate check, they might hire someone who is a clear danger to the residents. Inadequate staffing. The staff on duty might be insufficient to fully care for residents.
Can you see abuse in the RTC?
Abuse is often difficult to see. Many caretakers do not visit their loved ones regularly in the RTC. And when they do stop by, it is often for only short periods of time. Furthermore, the fact that your loved one is receiving treatment might account for any “odd” behavior that you notice.
Why are care facilities required to maintain living conditions that are adequately clean and sanitary in resident rooms and common areas?
Care facilities are required to maintain living conditions that are adequately clean and sanitary in resident rooms and common areas to prevent the injury or illness of patients in their care. They can be held liable in a civil lawsuit if a person in their care becomes sick or dies because they failed to maintain a clean facility.
What happens if you don't honor your duty to care?
If the people tasked with this duty, primarily medical professionals, don’t honor their duty to care, significant negative consequences can result. This is especially true for seniors who require higher levels of care. Many older Americans and their families trust care facilities and their staffs to keep them safe and healthy.
What happens when a facility follows a medical standard of care?
When sub-standard medical care results in harm to a resident, it may be appropriate to bring a medical malpractice case against the facility, or against the medical professional who treated the resident.
Who can be held vicariously liable?
Facilities which hire an employee who ends up neglecting, abusing or otherwise harming a patient or resident can be held vicariously liable. An employer who fails to properly train and supervise its employees can also be held liable in these cases.
What is a malpractice lawsuit?
A rapidly growing field of malpractice lawsuits stems from a category known as “mental health malpractice.”. A mental health malpractice claim may arise when a mental health practitioner (e.g., a psychiatrist) treats their patient in a negligent manner or abuses the power that they have over them as a professional.
What rights do patients have?
One of the primary rights that patients should know about is the right to refuse treatment. Regardless of whether the patient was committed to a mental health facility voluntarily or involuntarily, according to the law, a patient always has a right to refuse treatment. However, there may be some exceptions.
What is the Supreme Court case in Tarasoff v. Regents?
Regents of the University of California, held that mental health providers do have a duty to protect individuals that may be at risk of bodily harm based on information learned from their patients.
Do mental health providers have a duty to warn others?
Since then, many jurisdictions have opted to adopt this ruling and it has been generally applied in almost all states that a mental health provider does have a duty to warn someone else if their patient seeks to harm them. This is especially true if the patient intends to kill the victim.
Can a doctor be sued for medical malpractice?
For example, a doctor who fails to treat their patient properly and as a result, ends up making the patient worse, could be sued for medical malpractice .
How long does a nursing home abuse lawsuit last?
From the time a lawsuit is filed to the time a jury makes a verdict, both a civil lawsuit and a criminal lawsuit may last one year or more.
What is a plaintiff in a civil lawsuit?
This is because criminal court is about a defendant breaking the law — not the individual victim’s suffering. Civil lawsuits name the victim as a plaintiff and serve to compensate the individual.
What is nursing home abuse?
A nursing home abuse lawsuit is a legal dispute by one party against another in a civil or criminal court of law. Civil lawsuits award financial compensation to wronged individuals, while criminal lawsuits focus more on punishing a guilty party for breaking the law. Pursuing a lawsuit may lead to compensation that can help undo ...
How does a plaintiff receive compensation?
A plaintiff may receive lawsuit compensation through: A verdict: A trial jury decides if the defendant is at fault. If the defendant is found liable, the jury determines how much compensation the defendant must pay the plaintiff. In criminal cases, a jury decides if a defendant is guilty or innocent of the crimes they were accused of.
What is the definition of abuse in nursing homes?
Abuse: Intentionally harmful acts such as hitting or constantly belittling a nursing home resident may fall under the broad definition of abuse. Medical malpractice: When a health care professional acts outside of the standards in their profession, and it injures a patient, the professional has committed malpractice.
What is the form of abuse in which the perpetrator fails to uphold their duties to care for someone who is
Neglect: Neglect is a form of abuse in which the perpetrator fails to uphold their duties to care for someone who is unable to care for themselves out of carelessness, indifference, or unwillingness.
How are civil and criminal cases resolved?
Most criminal cases are resolved through pleas, plea bargains, and dismissals.
Debra Ann Thomas
Assuming the counselor failed to follow the treatment protocol for the patient by causing the patient to recall repressed memories, there may be a claim for negligent infliction of emotional distress -- if the patient has in fact been distressed by the memories.
Daniel Paul Buttafuoco
It doesn't appear you have grounds for a medical malpractice claim. However, find a local attorney that is familiar with your states laws and call for a free consult.
Jacob Adam Regar
I am not licensed in your state. I am licensed in CA. So, just to provide my impression, I don't believe these facts give rise to a malpractice claim. In a negligence claim, the plaintiff has to prove the defendant owed a duty of care (that means a duty to act as a reasonably prudent person in the face of a...
What are some examples of negligence by an anesthesiologist?
Some examples of negligence by an anesthesiologist include: Administering the wrong type of dose of anesthesia. Administering anesthesia too late.
What is medical malpractice?
Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.
What is local anesthesia?
Local: Local anesthesia numbs one small area of the body. For example, it may be given to relieve a patient’s pain while a deep cut is sewn. Each type of anesthesia carries the risk of complications. One of the most common and serious complications is anesthesia awareness, also known as intraoperative awareness.
Can a hospital be held liable for medical malpractice?
Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place.
Can a doctor be found negligent for failing to order a test?
Failing to order tests: A doctor can be found negligent for failing to order standard tests after observing certain symptoms. Failing to interpret test results correctly: Medical professionals are responsible for interpreting test results correctly.
Is medical malpractice a reward?
Unfortunately, that trust isn’t always rewarded. In some instances, the actions (or lack thereof) of a healthcare professional may rise to the level of malpractice.
Is a hospital liable for malpractice?
Hospital Malpractice. In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education. If a hospital hires an incompetent or underqualified staff member, ...