Mental health facilities may serve as temporary or even long-term residences in some cases. Minors and vulnerable adults experiencing psychological challenges may require around-the-clock care and monitoring to ensure their safety.
When abuse occurs at a residential care facility, the business operating the facility may be liable, rather than – or in addition to – individuals who are mistreating residents.
Facilities have a duty of care
When a health facility takes custody of a minor or a vulnerable adult, the business assumes a non-delegable duty of care. The facility must ensure that the residents in its care receive appropriate daily assistance and have all of their basic needs met consistently.
The facility must ensure the safety of each resident by managing the conduct of care providers, screening job applicants and enforcing care standards if misconduct occurs. In cases involving physical and sexual abuse, immediate action to protect vulnerable people, rather than a cover-up, is typically necessary to meet requirements for the standard of care at the institution.
What about emotional and verbal abuse?
Verbal and emotional abuse can cause significant harm to vulnerable adults and minors. Verbal harassment and emotional abuse can warrant litigation when workers intentionally inflict emotional distress by violating the bounds of decency and engaging in outrageous or extreme behavior.
Especially in cases where abuse causes psychological harm or affects a patient’s treatment plan, their clinical regression can provide the basis for litigation. Verbal abuse also violates the rights of a patient to basic dignity under the laws regulating residential facilities.
Companies that fail to prevent abuse and appropriately address it when it occurs are usually liable for the harm that they cause others. Successful lawsuits can potentially lead to increased institutional accountability and better practices. Patients who have survived abuse at residential facilities and concerned families may want to discuss the matter with a legal professional to determine if actionable care standard violations have occurred accordingly.