You trusted a behavioral health facility to keep your loved one safe while they received care. Discovering that they may have been abused, neglected, or left in danger can be devastating and leave your family wondering what really happened. If your loved one was injured or mistreated in a behavioral health facility, reach out to Whetstone Perkins & Fulda right away.
Our Columbia personal injury lawyers help families investigate abuse, neglect, and unsafe care that causes injuries in behavioral health facilities. We can help your family understand what happened, what rights may apply, and whether the facility or another party may be legally responsible.
Behavioral Health Patients Usually Depend on Staff for Basic Safety
Someone receiving behavioral health care may depend on facility staff for much more than treatment. Depending on the setting, staff may be responsible for medication, supervision, meals, medical attention, safe living conditions, and emergency response. When a facility accepts responsibility for a vulnerable person, failures in basic care can have serious consequences.
Abuse Can Take Different Forms in Columbia, SC, Behavioral Health Facilities
Abuse can involve physical or psychological conduct that harms or seriously distresses a vulnerable adult. Examples can include:
- Hitting, kicking, choking, or inflicting other physical harm
- Unreasonable confinement
- Improper use of medication to control behavior
- Unreasonable or punitive physical restraint
- Threats, intimidation, humiliation, or degrading treatment
- Sexual abuse or other prohibited sexual conduct
South Carolina law specifically recognizes physical and psychological abuse as forms of abuse involving vulnerable adults.
Neglect Can Be Just as Serious
Neglect doesn’t require intentional injury. South Carolina’s Omnibus Adult Protection Act, S.C. Code § 43-35-10, specifically covers vulnerable adults in settings that include psychiatric hospitals and certain residential programs. It can involve failing to provide the care or supervision needed to protect the person’s health or safety. Examples may include:
- Failing to give prescribed medication
- Ignoring signs of a medical emergency
- Failing to monitor someone at risk of self-harm
- Leaving a patient without appropriate supervision
- Failing to respond to a fall or injury
- Ignoring repeated complaints about mistreatment
- Failing to provide necessary food, medical care, or other basic needs
Warning Signs May Show That Something is Wrong
You may notice changes before you know exactly what caused them. Possible warning signs include unexplained injuries, sudden fear of a staff member, unexpected sedation, poor hygiene, repeated falls, untreated medical problems, or major changes in behavior. One sign doesn’t necessarily establish abuse or neglect. A pattern of injuries, unexplained changes, or conflicting explanations may require a closer look.
South Carolina Requires Certain Abuse and Neglect Reports
South Carolina law requires certain professionals and facility personnel to report suspected neglect, abuse, or exploitation of vulnerable adults. Under S.C. Code § 43-35-25, mandatory reporters include medical and mental health professionals, caregivers, facility staff and volunteers, and others who have reason to believe a vulnerable adult has been or is likely to be abused, neglected, or exploited.
The agency responsible for the investigation can depend on the type of facility and the circumstances. For certain facilities operated or contracted by the state’s behavioral health and developmental disability offices, the South Carolina Law Enforcement Division’s Vulnerable Adults Investigations Unit coordinates reports and investigates suspected criminal conduct.
While a facility may investigate an incident or report it to state authorities, that doesn’t necessarily determine whether someone is legally responsible for your loved one’s injuries. Depending on the facts, potential defendants could include the facility, an employee, a staffing company, a medical provider, or another company involved in the patient’s care or supervision.
How Our Columbia, SC, Behavioral Health Facility Abuse and Neglect Attorneys Help You
When you trusted a facility with your loved one’s care, you should not have to piece together what happened on your own. Our behavioral health facility abuse and neglect lawyers in Columbia, SC, can investigate the circumstances, obtain medical and facility records, review staffing and incident reports, and determine who may be responsible. They can also preserve evidence, deal with the facility or its insurers, and pursue compensation when appropriate. Most importantly, we can help your family seek answers when something about your loved one’s care doesn’t add up.
When a Facility Fails to Protect Your Loved One, Contact Whetstone Perkins & Fulda
Your loved one may have legal rights even when the full story is still unclear. To learn more about your case and talk to our Columbia, SC, behavioral health facility abuse and neglect attorneys for free, contact us online or at 803-799-9400.
