On February 6, 2002, Matthew Goodman died due to an alleged abused committed by mental health practitioners. His awful story starts when he was diagnosed with autism when he was still a toddler. When he was nine years old, Matthew was put under a residential program run by Bancroft Neurohealth Inc.
Goodman died at a nearby hospital due to acute respiratory distress, pneumonia and blood infection. His parents alleged that excessive use of restraints and improper medication when he was still at the mental health institution caused the weakening of his immune system. Further, his parents cited evidence that Matthew was put in restraints for hours at a time or, worse, even overnight. They also cited medical report showing the lost of 23 pounds by Matthew in his last six days.
An official investigation concluded that Matthew had been abused and neglected a month before he died. However, the investigation said that the mistreatment he received at the mental health institution did not cause his death.
The story above is just one of the horrible stories that happen in mental health facilities. We know that most employees in mental health facilities are kind and conscientious professionals who perform their jobs seriously and do their best to look for the welfare of their residents. We must also know only a small percentage of mental health professionals take advantage of and abuse patients.
What must be done when mental health facilities abuse takes place?
Abuse that takes place against a resident or a patient is illegal. A relative or a representative of an abused resident has the right to file a lawsuit against a specific mental health practitioner/ staff member and /or the mental health facility. A medical malpractice lawsuit might arise because mental health facilities are considered medical facilities.
Conviction in a medical malpractice case entails a rigorous legal process. In order to prevail in this type of legal case, the plaintiff must prove that:
- The mental health facility owed a duty of care to the patient or residents as mental health facilities evidently owe a duty to take care of its residents and this is usually unproblematic to establish.
- The mental health facility committed a breach of its duty of care by neglecting to act like a reasonable mental health facility, or a personnel of a mental health facility, would have done given such situation. If the plaintiff can show that abuse occurred in mental health facility then it is likely that the plaintiff has a strong case.
- The actions of the facility or its personnel caused the resident or patient to sustain injuries. The plaintiff must prove beyond a shadow of uncertainty that the residents sustained injuries brought upon him or her by the facility or its personnel.
- The plaintiff is entitled to damages ensued by such abuse as a matter of law
In addition, allegations like breach of contract may also be filed by the plaintiff and criminal law charges may be filed by the state. Medical malpractice involving mental health facilities abuse entails the use of expert witnesses and complicated evidence. This is also a very personal area of the law that involves sensitivity and open communication.
