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Mental health facilities need insurance defense from liability

On Behalf of | Oct 5, 2018 | Firm News, Insurance |

In Alabama and throughout the nation, society is judged by how it defends its weakest and those in need of help. For people who suffer from mental health issues, getting care and treatment is imperative for them to receive what they need to function and survive. However, when there is a problem at one of these facilities, the first reaction on the part of the person and his or her family is often to file a lawsuit. Insurance defense is key when there are allegations that a facility was somehow in the wrong and can avoid a costly decision against the facility.

Whether it is a civil rights violation, personal injury, wrongful death or for some other reason, having legal assistance from a law firm that understands disability and mental health is critical to the defense. There are many ways in which there can be a liability case lodged against a facility. There could be allegations that the patient did not receive the proper treatment; the person could have been subjected to abuse in a sexual, physical or emotional way; there might have been privacy violations; medication mistakes can happen; or malnutrition, dehydration and physical breakdown could come about. Any of these factors and more can lead to a legal filing.

It is not diminishing the claims to say that the facility is not responsible for any damage that occurred to the patient. The mere assertion that there were mistakes and mistreatment at a facility can be significantly damaging to its reputation and cause short and long-term problems and a belief that an otherwise competent and professional program cannot be trusted. Understanding how to investigate the claims and determine if they are valid is the first step. If they are not, then crafting a defense is important to keep from sanctions and a judgment.

It is heart-wrenching when there are negative outcomes for people in need of mental health care in a facility. However, that does not immediately imply that it is the fault of the facility and those who work there. The individual who was mistreated and his or her family will have legal assistance as they pursue compensation in a case. The facility must do the same with a law firm that is experienced in insurance and related issues.