what lawyer do i need to sue a psychiatric hospital

Can you sue a doctor for mental health malpractice?

Apr 24, 2020 · You need a medical malpractice lawyer to hear the details of your case and offer legal advice before you can make an educated guess on if you should sue. Most offer a free consultation and can suggest the odds of your case winning. You may need medical records, dates, records of the job-related mistakes, and more to help prove your case.

Can you sue a hospital for injuries?

Do I Need a Lawyer to Sue a Hospital? If you have been injured and want to look into suing a hospital, it would be wise to hire a personal injury lawyer to help with your case. A lawyer can review the facts and let you know what causes of action are available and can also help negotiate a settlement on your behalf.

How do I bring a medical malpractice lawsuit against a hospital?

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. Mental health malpractice claims can be very broad and thus may include many different types of issues or cover various sorts of misconduct.

Why hire an attorney for psychiatric malpractice cases?

Nov 08, 2018 · When a mental health professional breaches their duty to a patient and the patient suffers, that victim has the right to file a malpractice suit in an attempt to recover compensation for the damages associated with the malpractice. These lawsuits can be incredibly complex, which is why you’ll need a dedicated legal team behind you.

What Is usually Claimed in Mental Health Malpractice Cases?

The following are the most commonly associated claims in successful mental health malpractice cases: 1. Sexual impropriety 2. Incorrect treatment 3...

Are There Any Defenses to Mental Health Malpractice?

The same defenses for a medical malpractice case often work for mental health malpractice as well. The most common defenses are: 1. Statute of Limi...

Should I Contact A Personal Injury Attorney?

If you have suffered from injuries as a result of mental health visits, or have been accused of mental health malpractice, the advice and counsel o...

What happens if you sue a doctor?

When you sue the doctor or hospital, you will often be dealing with their insurance company. In rare cases, a doctor may lose their license or go to jail. Or, a hospital could be shut down. But generally, you are suing their insurance company to compensate you for your suffering.

What do you need to prove medical malpractice?

You may need medical records, dates, records of the job-related mistakes, and more to help prove your case. Your personal injury attorney will handle the medical malpractice lawsuit and will tell you exactly what they need. Without their expertise, it can be hard to know what information is relevant.

Can you go after a doctor for a misdiagnosis?

You may think that because your doctor made a mistake, like a misdiagnosis, you need to go after your doctor in a legal case. This will depend on a few factors:

Can you sue a hospital?

Suing a Hospital Is Different From Other Medical Malpractice Cases. In some cases, you can sue a hospital despite the doctor being an employee or a contractor. This might apply when: The hospital does not make it clear the doctor is not an employee (this is usually explained to you on the admission forms) You went to the emergency room (ER) and did ...

What happens if a lawyer loses a case?

If the lawyer loses the case, the lawyer usually is not paid, though the client may be on the hook for certain costs. 3.

What is medical malpractice?

While medical malpractice laws are designed to protect the rights of patients who have been subjected to substandard medical care, the first step in asserting those rights must be taken by the patients themselves. This article describes those steps in-depth, in the context of a medical malpractice case against a hospital. 1.

What is the statute of limitations for medical malpractice?

1. Act Before The Statute of Limitations Deadline Passes. The biggest mistake a patient can make is waiting too long to file a medical malpractice lawsuit in court. Statutory time limits (called "statutes of limitations" in legalese) require patients to file legal claims promptly.

How long do hospitals keep medical records?

A hospital must keep every patient's medical records for at least a few years after treatment . Upon request, the hospital must give copies of the records to the patient (however, the hospital may charge a fee for copying expenses).

What is an affidavit of merit?

A patient might have to file an affidavit of merit in which a qualified medical expert attests that the plaintiff has a valid case. A patient also might have to submit a claim to a medical review board before filing in court, or agree to some form of pre-lawsuit alternative dispute resolution (ADR).

Is a medical malpractice case a legal action?

A medical malpractice case isn't the kind of legal action you want to try handling on your own. These cases can get very complex from a legal, medical, and procedural standpoint. Proving your case is going to require not just a firm understanding of the law as it applies to your situation, but a familiarity with the kinds of hoops a medical malpractice plaintiff needs to jump through, including the retention of the right expert medical witness.

What happens if a doctor makes a mistake?

If a doctor or other staff member makes a mistake then the hospital can still be found liable as their employer. This is known as vicarious liability. However, if the doctor is not directly employed by the hospital but instead works on a contract or floating basis, then the hospital may not be an appropriate defendant.

What is medical malpractice?

Medical malpractice is when a medical professional acts negligent when treating a patient and they are injured as a result. These individuals will be held to a higher standard of care, which will depend on their type of profession/job title. As noted, the hospital can face liability as the employer in these situations.

What is mandatory arbitration?

This means that before the person can file a civil lawsuit, they will need to go through mandatory arbitration. This is when the dispute is put before an arbitrator, who is a neutral third-party. The arbitrator listens to both sides, looks at the evidence, and tries to help the parties reach a resolution.

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 are some examples of mental health malpractice?

Although many claims for mental health malpractice are brought on an individual case basis, there are several common scenarios that show up more frequently than others in such cases. These include the following examples: 1 Misdiagnosing a patient (e.g., the mental health practitioner had another patient’s files when they diagnosed their current patient, which led to a misdiagnosis); 2 Providing incorrect treatment to a patient (this could stem from an initial misdiagnosis); 3 Negligent mishandling of a patient at a mental health institute; 4 Engaging in a sexual relationship or sexually abusing the patient; 5 Breaching the patient’s confidentiality (e.g., sharing patient files without their consent); 6 Verbally or physically abusing the patient; or 7 Failing to prevent the patient from committing suicide (especially if the mental health professional was aware of the patient’s intentions).

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.

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.

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 much does it cost to file a lawsuit?

Although it can cost anywhere between $100 and $500 to file a lawsuit, in many if not most cases, there’s no need to pay any money upfront. (As these types of cases are usually taken on contingency.) That said, the patient may be required to pay a small fee to the hospital to acquire their medical records.

What is medical negligence?

Medical negligence. 2. Medical malpractice (A very specific type of negligence.) 3. Wrongful death (If a loved one died because of negligence.) If your reason falls into one of these categories and you want to sue your hospital, use the steps below to get the ball rolling.

Can a hospital settle out of court?

If the conditions are right, your lawyer will pursue a settlement. If the hospital realizes you’re in the right and they owe you compensation, they may choose to settle. For malpractice cases, 9 times out of 10, the hospital will settle out of court.

Can you sue a hospital?

And yes, the answer is yes: You can sue your hospital. And win. Naturally, you need a good reason. If you have one, you’ve probably already graduated from “ I want to sue the hospital” to “ how can I sue the hospital?”. If that’s the case, you’re in the right place. Because we’re going to cover precisely that.

Why do psychiatric malpractice cases go unreported?

Unfortunately, many psychiatric malpractice cases go unreported because victims may feel as though they don’t have a case, or they may not realize what their mental health professional has put them through. If you suspect you have been a victim of this type of malpractice, you are not alone.

What is psychiatric malpractice?

Types of Psychiatric Malpractice. If you seek help from a mental health professional, they have a duty to provide you with proper treatment that is designed to be confidential and help your condition improve. They are supposed to bring no harm to you physically, mentally, or emotionally.

Is mental health a good field?

The mental health field is constantly evolving. While this is generally a good thing, therapists who choose to practice new treatments without the proper training may be putting their patients at risk. Ignoring the Medical Model. There are certain things mental health professionals are required to do.

What is psychiatric malpractice?

According to medicalmalpractice.com, "Psychiatric malpractice is defined as the psychiatrist's misconduct or failure to provide a professional level of skill in the care and treatment of their patients.". The American Psychological Association book "Principles of Medical Ethics With Annotations Especially Applicable to Psychiatry" identifies ...

What is a civil suit?

In a civil suit, the plaintiff (the individual filing) seeks relief through the courts, for injuries he has sustained from the defendant (the individual being sued). Relief is generally a monetary award. Filing a civil suit against a mental health care provider is easier than winning one.

What is physical injury?

The phrase "physical injury" generates images of bruises, broken bones and open flesh wounds. However, the gravest physical injuries a mental health care provider can inflict on a client are acts that are sexual. Injuries arising from sexual acts are both physical and emotional for the client.

Where is Terri Romaker?

Based in Missouri, Terri Romaker has been writing mental health articles for 13 years. A program she wrote in 2000, on long-term residential care for dually diagnosed adolescents served as a pilot to reformed federal law. She holds a Master of Arts in clinical psychology from Webster University.