We place our loved ones in mental health facilities with the expectation that they will receive the care, attention and support they need and deserve. This decision often brings peace of mind, knowing they are in a safe and therapeutic environment.
However, this sense of security can be shattered when the facility or its staff act negligently, leading to a physical or sexual assault on someone you love.
How negligence occurs in mental health facilities
Michigan’s Mental Health Code protects people receiving mental health services against abuse and neglect. Unfortunately, mental health facilities can still fail their patients in several ways:
- Poor hiring practices: Not properly screening staff can let dangerous individuals near vulnerable patients.
- Understaffing: Too few workers means less supervision and slower response times.
- Ignoring patients: Staff may brush off concerns or miss signs of distress.
- Overmedication: Excessive drugs can leave patients unable to defend themselves.
- Delayed care: Slow responses to emergencies put patients in harm’s way.
These issues create an environment where assault can happen. Patients deserve better protection from those meant to help them heal, and they have the right to be free from abuse.
The toll of assault on mental health patients
Physical and sexual assault can take a severe toll on individuals already struggling with their mental health.
The damages can include:
- Mental and emotional trauma, such as anxiety, depression and post-traumatic stress disorder (PTSD)
- Physical injuries, such as bruises, broken bones or even death
- Sexually related conditions like infections, illnesses and unwanted pregnancy
- Financial burdens, including medical expenses, lost income and other related costs
- Loss of dignity, self-esteem and trust in caregivers
The road to recovery becomes much harder after experiencing assault in a place that should have been safe.
How families can help protect their loved ones
If you suspect your loved one has been a victim of negligence or abuse in a mental health facility, there are steps you can take to help.
First, document everything. Keep detailed records of any incidents, injuries or changes in your loved one’s behavior. Report your concerns to the facility’s administration and request a formal investigation.
If you are unsatisfied with the facility’s response, consider contacting the Michigan Department of Health and Human Services or other regulatory agencies. It may also be beneficial to seek legal counsel to understand your rights and options for pursuing a claim against the facility.