Legal dilemmas involving mental illness and the need for criminal defense demand an attorney who understands the struggles of those with mental health challenges. At The Gage Law Firm, we specialize in criminal and probate cases involving mental illness and have handled over 800 criminal cases involving mental health. We have years of professional and personal experience …
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.
Apr 23, 2018 · Mental Health and Minors: Proceed With Caution! By Carri Becker Maas, Partner, Healthcare Litigation | John M. LeBlanc, Partner, Healthcare Litigation. Imagine representing a party in a lawsuit concerning coverage for mental health services. The lawsuit was brought by the parents of a minor child. The client received a request for production of ...
May 29, 2019 · Physical abuse in a mental health care facility isn’t something you have to tolerate, and you don’t have to deal with it alone. The friendly, supportive legal professionals at Moore Law Firm are here to help you get legal satisfaction. Learn how we can help by calling our office at 251-445-7602 to schedule your free consultation.
The following are the most commonly associated claims in successful mental health malpractice cases: 1. Sexual impropriety 2. Incorrect treatment 3...
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...
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...
In California, mental health records may be subject to one of two state laws: (1) the Lanterman-Petris-Short Act, California Welfare and Institutions Code, Section 5328 et seq. (LPS Act); or (2) the California Confidentiality of Medical Information Act, California Civil Code Section 56 et seq. (CMIA).
HIPAA Privacy Rules. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) establishes federally protected rights that permit individuals to control certain uses and disclosures of their protected health information, including their medical records. Under HIPAA Privacy Rules, with certain exceptions, ...
It requires an analysis of federal privacy rules, state privacy and minor consent laws, and applicable regulations. This article provides an overview of the type of analyses a lawyer should undertake to determine whether a minor’s medical records relating to mental health treatment may be produced.
In an interesting turn of events, the Health & Human Services (HHS) 2019 proposed budget released on February 12, 2018, included $11.5 billion to fund the outstanding Risk Corridors Payments. Land of Lincoln Mutual Health Insurance Company and Moda Health Plan, Inc. alerted the Federal Circuit to the budget, and argued that it showed the federal government’s intent to fund the Program. However, on February 19, 2018, HHS posted a revised budget once again limiting outlays for the Program to the Collected Amounts. On March 23, 2018, President Trump signed into law a $1.3 trillion omnibus spending bill that did not appropriate additional funds to cover the outstanding Risk Corridors Payments.
The LPS Act concerns involuntary civil commitment to a mental health institution in the state of California, and it strictly prohibits the disclosure of medical records concerning involuntary commitments absent a court order. Cal.
Certain classes of medical records are subject to heightened protections; two examples are psychotherapy notes and medical records regarding substance use disorder (SUD) diagnoses and treatment. 1. Psychotherapy Notes.
According to results of Manatt Health’s first APCD Capacity Survey—co-administered with the National Association of Health Data Organizations—on average, APCDs include data for three-fifths of their states’ populations, with robust coverage of the private fully insured, Medicaid and even Medicare Advantage populations.
The mental health professionals who care for you in a doctor’s office, nursing home or hospital setting are obligated to protect you from injury. That means a patient should never experience any form of physical abuse such as violent shaking, hitting, scratching or inappropriately applied restraints that lead to a patient developing injury. When a mental health patient is assaulted in a medical setting, it can be even more traumatizing because a person who is supposed to protect you is the one hurting you.
That’s part of why it’s so important to enlist the help of an experienced attorney to help the patient get compensation for injuries — it gives you the assaulted patient an opportunity to tell the story about what happened and to get justice.
Abuse can be harder to spot when dealing with mental health patients who may have trouble vocalizing issues. However, there are some common signs you can look for in loved ones who may have been abused. For example, a mental health patient who has been abused may be anxious, hypervigilant or have trouble sleeping. Mental health patients who are abused may also experience severe bouts of depression, anger or wild mood swings. Then there are the obvious signs of abuse such as abrasions and bruises.
When medical staff members assault a patient in a facility for mental healthcare, it isn’t acceptable. If you feel you’ve been abused by a medical professional, or if you suspect one of your loved ones has been abused, schedule a consultation with an attorney right away to learn about your rights.
Physical abuse in a mental health care facility isn’t something you have to tolerate, and you don’t have to deal with it alone. The friendly, supportive legal professionals at Moore Law Firm are here to help you get legal satisfaction. Learn how we can help by calling our office at 251-445-7602 to schedule your free consultation. You’re also welcome to share your information via our online contact form and someone will get back with you as quickly as possible.
Mental health abuse cases may be harder to detect than abuse cases in other patients due to communications challenges faced by mentally impaired patients, but the aftereffects are every bit as damaging. At Moore Law Firm, we’re here to help. With one of our experienced attorneys at your side, you aren’t left on your own to handle the aftereffects of being assaulted in a mental healthcare setting.
Criminal defense attorneys represent those who accused of a wide variety of crimes, otherwise known as defendants, both in and out of court. They may choose to join the National Association of Criminal Defense Lawyers. Issues with which criminal defense attorneys may deal include (but are not limited to):
An immigration lawyer represents the rights of those who are trying to obtain U.S. citizenship. They may be members of the American Immigration Lawyers Association. Issues with which they work include:
Corporate law attorneys and business attorneys serve their client, the business or corporation that employs them. They may work alone or with a team of lawyers in representing the companies that are their clients. These types of lawyers are also called General Counsel, In-House Counsel, Staff Attorney and Chief Legal Officer. They may be members of the Association of Corporate Counsel. Duties and specialties that fall under this heading include:
Cyberspace law – Most cyberspace legal experts work in big business, both at technology companies, but also at firms in research, entertainment, and manufacturing.
Duties that a civil rights lawyer may handle are: Constitutional Law – An attorney specializing in Constitutional Law handle cases involving the interpretation of laws in the U.S. Constitution. These cases may be argued in federal courts or the Supreme Court.
A private practice lawyer works alone or in an office with other lawyers where they specialize in a niche area of law. Private practice lawyers who work alone deal with a variety of legal issues. The cases that they may handle include, but are not limited to, civil litigation suits, commercial cases, divorce and child custody cases, and malpractice suits.
Debt – These types of lawyers are also known as Debt Settlement or Debt Relief Lawyers, and will help clients to negotiate debt payments with their creditors in order to avoid debt settlement companies and the fees they charge.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only.
It seems you have answered your own question. You wrote, "a medical malpractice suit, of which I believe I have "l so I would suggest you consult with a medical malpractice / personal injury attorney.