|"Nothing is settled until it is settled right."|
United States Supreme Court Justice Louis D. Brandeis
Brandeis: A Free Man's Life
Abuse in Treatment
Entering a substance abuse or mental health treatment center takes extreme emotional, mental and sometimes physical effort. Taking this type of step shows that change in all respects is desired by the individual. A person asking for help from a treatment center is opening up their life and trusting to the center to help them make positive change.
The person asking for this type of help is in their most vulnerable state and is potentially unprotected if someone desires to take advantage of, control or abuse them. Mental, physical and sexual abuse may occur to those who are seeking help by those in a position of power over the patients in a treatment center.
Following the rules in an institutional setting is crucial for any personal advancement based on healing theories. But, when someone enforcing the rules takes a power position that merely enforces their own agenda, abuse in some fashion may result.
The facilities or treatment centers that take your loved one's money and then fail to provide the standard of care that is required or expected must be held responsible for any mistreatment or abuse that occur. The treatment center's owner is responsible for its staff and hiring practices. If one of his employees abuses a patient, the owner may be held responsible in a court of law.
If you or a loved one has suffered treatment center abuse, you must find competent legal counsel to guard your rights, both legal and financial.
The cause of action is usually one based in negligence, but can include intentional torts as well. The statute of limitations for suing someone in Texas for treatment center abuse is two years after the date of assault or injury.
A person or company can be guilty of negligence if they participate in certain behavior they should not have or refrain from doing something that they should have based on an existing duty to a person. Besides bringing a criminal suit and possibly a civil suit against the offender, it is possible to sue the treatment center owner for negligence in monitoring its staff and/or negligent hiring practices. The treatment center owes a duty to its patients to provide a safe and caring environment Ė free from abuse.
A lawsuit is the best way to find compensation for such a breach of duty and for ensuring that the company or person does not continue to abuse its patients.
Financial recovery can include past, present and future medical bills. Other potential areas of compensation, depending on the facts of the situation, are mental pain and suffering damages, lost past and future wages, permanent impairment/disfigurement, punitive damages, wrongful death damages and loss of enjoyment of life.
Finding the right lawyer to protect your rights and address the wrong that has occurred in your or your loved one's life is a critical step.
Chad Pinkerton is a powerhouse in and out of the courtroom. His track record of fighting aggressively and successfully for his clients' legal rights reflects millions of dollars* in recovered damages. Chad's background in medicine and experience in the courtroom forge a strong presence whether he is on the phone with the insurance agents, wrangling with opposing counsel, or cross-examining experts at trial. Pinkerton's focus is to make the jury care about his client's loss and feel empowered to do something about it.
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