Mental Health Neglect Lawyer

Anyone who works in mental health has a duty to treat patients with dignity and respect while providing adequate care and preventing them from harming themselves or others. While most mental health professionals fulfill these obligations, some are negligent and their actions result in significant pain, suffering, and harm to patients and their loved ones. Title 25 of the Texas Administrative Code outlines what rights belong to a person receiving mental health treatment from department facilities, community centers, and psychiatric hospitals. This list of rights is extremely long and, of course, includes any civil rights due under federal laws. Often, mental health patients are neglected or ignored, in both clinical and hospital settings. It is sometimes easier to sedate, medicate, or discharge a patient rather than to analyze what the true situation is. If you or someone you love has been the victim of mental health neglect or harm, you may have grounds for a lawsuit. To find out what your rights are regarding these types of cases, please contact a knowledgeable attorney from Rad Law Firm at one of our convenient locations in Beverly Hills, CA or Austin, Houston, Fort Worth, Dallas, or Brownsville, TX.

What is Psychiatric Malpractice?

One of the rights of a mental health patient is the right to the least restrictive appropriate setting available. That means, if a person can be effectively treated on an outpatient basis, they should not be hospitalized. Another right is the right not to be secluded or have physical restraints applied, unless prescribed by a physician or in the case of an emergency. A patient has the right to have his treatment plan fully explained to him. He has the right to read his full medical record. He has the right to refuse particular treatments without prejudice to participation in other programs. He has the right to receive justification for any transfer between facilities. If any of these rights are violated, it could be grounds for a psychiatric malpractice lawsuit. Some examples of psychiatric malpractice include the following:

  • Physical abuse
  • Emotional abuse
  • Sexual relationships with patients
  • Failure to obtain information
  • Failure to properly diagnose the patient
  • Misdiagnosis
  • Abandonment
  • Negligent psychiatric hospital care
  • Negligence in supervision
  • False imprisonment or the use of restraints

Call us for a FREE Consultation Today

There are many, many rights guaranteed under the law to mental health patients. If you, or someone in your family, has been mistreated, abused, over-medicated, released without a discharge plan, been put in restraints needlessly, or has suffered in any way as a result of receiving mental health treatment, you need an experienced attorney’s advice and guidance. At Rad Law Firm, we can help determine if a patient’s rights have been violated and if they have been harmed by that violation. Let us help you make it right so you can focus on getting better.

Don’t stall, make the call we are here to answer all of your questions in a free consultation.

From anywhere in the U.S. call us toll free at 800-598-1090
In Dallas County and surrounding counties call us at 972-661-1111
In Tarrant County and surrounding counties call us at 817-543-1999
In Harris County and surrounding counties call us at 713-590-1111
In Travis County and surrounding counties call us at 512-942-2324
In Brownsville and surrounding counties call us at 1-800-598-1090
In Beverly Hills California and surrounding counties call us at 310-651-2690
Or quick contact via contact form on the right.