Psychiatric facilities may provide long-term or short-term care for patients with psychological conditions or disorders. If patients are injured while in the care of such a facility, they may sue for damages. However, you might sue for general personal injuries or for malpractice, depending on your situation.
Patients may be injured in a psychiatric facility when the premises are unsafe. This might involve accidents as simple as slipping on a wet floor or more serious incidents, such as falls on the stairs or injuries caused by other patients. If a patient is injured because of negligently administered treatment, you might be able to sue for malpractice. In such a case, we must show that the psychiatrist responsible for your treatment was negligent and allowed your treatment to fall below the standards of care.
Get a private, free case assessment by calling our Arkansas personal injury attorneys at (479) 316-0438.
Suing a Psychiatric Facility for Personal Injuries in Arkansas
Injuries may happen in psychiatric facilities under various circumstances. Whether an accident is a minor incident or a major disaster, you deserve justice and fair compensation.
Certain kinds of injuries are common because they can happen almost anywhere, including psychiatric facilities. For example, a person might be badly hurt after slipping and falling on a wet floor that was not marked with a wet-floor sign. You might have fallen down a flight of stairs because there was no handrail. No matter how minor your accident might seem, you should still contact a lawyer.
You may also sue if you became sick while in a psychiatric facility. Many facilities house patients long-term, and they are responsible for providing meals. If a patient becomes very ill because of contaminated food, they may have a claim for damages.
Suing a Psychiatric Facility for Injuries Related to Malpractice
Injuries might instead stem from negligent treatment in a psychiatric facility, amounting to malpractice. These kinds of injuries can be severe and have long-term effects on victims.
Psychiatrists are medical doctors, and they must provide treatment to patients that meets the standard of care. If treatment is negligently inadequate, incorrect, or ineffective, the injured patient may have a legal claim for damages.
One example of malpractice might come from the mismanagement of psychiatric medications. If a patient is negligently prescribed the wrong medication or an incorrect dosage, they could become severely sick or experience harsh complications.
Many psychiatric patients require nearly constant monitoring to prevent them from harming themselves or others. If the psychiatric facility negligently fails to properly monitor a patient and they injure themselves, the facility may be held liable.
How You Might Be Injured in an Arkansas Psychiatric Facility
Psychiatric facilities offer a wide range of treatment options for patients. While some patients may visit psychiatric facilities for a few hours at a time, others stay there long-term. How you are injured may depend on whether you were receiving inpatient or outpatient care.
Suppose a patient is staying in a psychiatric facility long-term. In that case, they may be more likely to be injured, as their care needs are likely greater, especially if the premises are poorly maintained and unsafe.
When to File a Lawsuit for Negligence in a Psychiatric Facility
Your time to file a lawsuit for injuries sustained while at a psychiatric facility is limited, and you must act fast to protect your legal interests.
If you file a general personal injury claim, the statute of limitations that governs your case may be found under Ark. Code § 16-56-105 and gives you 3 years to file your case. Your time may begin on the date you are injured, barring special circumstances.
If you file a malpractice claim, the statute of limitations works a bit differently. According to § 16-114-203(a), malpractice claims must be filed within 2 years of when the malpractice occurs.
How to Prove a Psychiatric Facility in Arkansas Acted Negligently
The key to a successful case is proving how the psychiatric facility is responsible for your injuries. This, of course, requires evidence and careful legal strategy.
First, we must obtain copies of your medical records from the psychiatric facility. These are your records, so you have a right to request them, even though they are technically in the hands of the defendant. However, it may take time to compile these records, and we should formally request them as soon as possible.
Depending on how your injuries occurred, we might need copies of security camera footage from the facility. Video footage of the accident may be very persuasive in court.
We may also need witness testimony. You, your family members, and doctors who treated you may testify about the case. The more people who can back up your claims, the better.
What if I Signed a Waiver Before Entering a Psychiatric Facility?
Waivers and consent forms are common in medical settings. Before receiving treatment, patients often sign forms stating that they have been informed of and understand the risks. Depending on how the accident happened, these forms might restrict your ability to sue.
If you signed any paperwork before entering the facility or beginning treatment, review it with your attorney. It might not even be a waiver.
Consent forms are standard in medical and psychiatric settings. These forms usually explain what treatment is being provided and advise patients of risks. Consent forms are not waivers. If risks or complications occur that you were not advised of, you can sue even if you signed a consent form.
If you did sign a waiver, the psychiatric facility cannot waive liability if it fails to meet the standard of care. Not only that, but there might be a big question of whether certain psychiatric patients have the mental capacity to understand and sign a waiver.
Speak to Our Arkansas Personal Injury Attorneys if You Were Injured in a Psychiatric Facility
Get a private, free case assessment by calling our Springdale, AR personal injury attorneys at (479) 316-0438.