Illinois mental health facilities abuse attorneys know the true story about what happens in mental health facilities. They know that most employees are warm and conscientious professionals who take their jobs seriously and do their best to care for residents. They also know that a small percentage of staff members take advantage of and abuse residents.
Illinois law and policy is very clear about the rights maintained by residents of mental health facilities. According to Equip for Equality, the agency designated by the U.S. Department of Health and Human Services to investigate allegations of abuse in Illinois mental health facilities, residents of mental health facilities have the right to live in the facilities without fear of abuse or neglect and to receive adequate and humane treatment in the least restrictive environment.
When Abuse Occurs
Abuse is illegal and the resident or his or her legal representative has the right to file a lawsuit against a particular staff member and /or the mental health facility if abuse occurs. Mental health facilities are considered medical facilities. Therefore, a medical malpractice negligence case could be filed if abuse is alleged. In order to prevail in a medical malpractice lawsuit the plaintiff must prove that:
1. The mental health facility owed a duty of care to the resident. Mental health facilities clearly owe a duty of care to residents and this is typically easy to establish.
2. The mental health facility breached its duty of care by failing to act like a reasonable mental health facility, or employee of a mental health facility, would have acted given the situation. Abuse is not reasonable. Therefore, if the plaintiff can show that the actions which occurred were abuse and did not take place for any accepted treatment or group living reason then this element is likely satisfied.
3. The actions of the facility or its employee caused the resident to sustain injuries. The plaintiff must prove that the resident sustained injuries that were caused by the facility or its employee.
4. The plaintiff is entitled to damages as a matter of law.
Further allegations such as breach of contract may also be brought by the plaintiff and criminal law charges may be brought by the state.
Hiring an Illinois Mental Health Facilities Abuse Attorney
Medical malpractice is a specialized area of law that often necessitates the use of expert witnesses and complicated evidence. It is also a very personal area of law that requires sensitivity and open communication.
Dolan Law Offices represents people who were hurt in mental health facilities throughout Illinois and the greater Chicagoland area, including Cook County, DuPage County, Lake County, McHenry County, and Will County, and the towns of Aurora, Addison, Chicago Heights, Joliet, Hillsdale, Plainfield, Rolling Meadows, Des Plains, Schaumburg, Palatine, Elk Grove Village, Hoffman Estates, Arlington Heights, Mount Prospect, Hanover Park, Streamwood, Prospect Heights, Wheeling, Wheaton, Waukegan, Inverness, Barrington, Buffalo Grove, Elgin, Bartlett, Itasca, Bloomingdale and Oak Park.
Please contact us today for a free consultation. The Chicago mental health facilities abuse attorneys of Dolan Law Offices will not collect a fee from you unless your case results in a monetary verdict or settlement.
