A recent New York Times investigation has found that one of the United States’ largest chains of psychiatric hospitals has been accused of enticing patients to its facilities and then holding them against their will to profit from insurance payouts. The organization that owns the psychiatric facilities, Acadia Healthcare, even had one of its mental health hospitals raided by police in Georgia in 2019. How does abuse in psychiatric hospitals happen?
Have You Been Abused or Held in a Psychiatric Hospital Against Your Will?
If you have been held against your will in a psychiatric hospital or experienced psychiatric hospital abuse, you may be entitled to seek justice and compensation. Contact us online or call (800) 801-9564 to speak to a Yakima personal injury lawyer from Tamaki Law.
What Kind of Abuse Happens at Psychiatric Hospitals?
According to the NYT investigation, patients at psychiatric hospitals may suffer various types of abuse, including:
- Unlawful Detainment – Some psychiatric patients are being held against their will. This violates state laws regulating the reasons hospitals may commit patients.
- Neglect – Some psychiatric unit patients are not receiving the medications and care they need to treat their conditions.
- Physical Abuse – In some cases, physical and sexual abuse happens in these psychiatric hospitals. The NYT investigation came across at least one instance of a child leaving a hospital covered in bruises.
- Emotional Abuse – Patients locked up against their will without a valid reason may suffer from long-term emotional issues. These issues could prevent them from seeking mental health treatment in the future.
How Does Abuse Happen in Mental Health Facilities?
One of the primary drivers of abuse in mental health facilities is profit. The longer a facility can hold a patient, the more they can bill the patient’s insurance provider. And the more a facility neglects patient needs, the more money it can save.
Initially, the government and non-profit groups ran many of these psychiatric hospitals. However, once for-profit companies took control, the hospitals began engaging in predatory practices to maximize profits.
The Affordable Care Act, or Obamacare, requires most insurance plans to cover mental health treatment. This coverage contributes to the issue. When these facilities know their patients’ insurance will cover their stay, they attempt to hold them for as long as possible.
For-Profit Companies Are Taking Advantage of People Seeking Mental Health
The bottom line is all that matters to for-profit companies. The NYT’s investigation found that employees of psychiatric hospitals associated with Acadia Healthcare were engaging in predatory practices to take advantage of people seeking mental health.
For example, patients who went to emergency rooms seeking treatment for mental health issues were redirected to Acadia’s facilities even if those facilities weren’t capable of providing the type of treatment they needed. Once patients were in Acadia’s facilities, management instructed workers to write that they were “combative” or “uncooperative” in their records so the insurance companies would continue paying for their stay.
Using the Law to Illegally Detain Patients in Mental Hospitals
An investigation by the Tampa Bay Times found that North Tampa Behavioral used similar practices to Acadia to detain patients for longer than necessary or when detainment wasn’t necessary at all. From 2019 to 2023, they filed more than 4,500 petitions to extend involuntary stays.
All states have laws that allow mental health professionals to commit patients if they pose a risk to themselves or others. However, hospitals can only hold patients for a certain amount of time without a court order. Unfortunately for many patients, the facilities petitioned the courts to extend the detention, allowing them to continue holding the patients until their court dates.
In Washington, the Involuntary Treatment Act outlines the rules surrounding committing patients, including a 120-hour limit on involuntary psychiatric confinement without a court hearing.
Are There Allegations of Abuse in Washington State Psychiatric Hospitals?
Abuse allegations in psychiatric hospitals extend beyond Florida, Georgia, and other southeastern states. Washington has its fair share of abuse allegations, as well. According to the Seattle Times and CBS News, some of the hospitals accused of unlawfully detaining and abusing patients include:
- BHC Fairfax Hospital – Claimed patients were too dangerous to be released before government evaluators determined that wasn’t the case
- Smokey Point Behavioral Hospital – Engaged in intimidation practices to keep patients at the facility after they requested to leave early
- Western State Hospital – Hospital understaffing left patients without the needed treatment, leading to additional injuries.
In 2023, the Washington State Supreme Court even ruled that state authorities “totally disregard[ed]” the laws outlined in the Involuntary Treatment Act by continuing to detain patients without the proper court hearings.
What Is Being Done to Stop Psychiatric Hospital Abuse?
Federal and state authorities take allegations of abuse in mental health facilities seriously. When allegations arise, they perform audits, and police have even raided facilities on rare occasions. These audits and raids don’t always lead to a change in the targeted facilities, but they’re a start.
Many mental health patient advocacy groups protest the conditions patients face within these hospitals. And victims of psychiatric hospital abuse can also seek compensation for their injuries through lawsuits, holding the facilities that harmed them financially accountable.
What Can I Do if I Was a Victim of Psychiatric Hospital Abuse or Unlawful Detention?
If you or a loved one have been abused or held against your will in a psychiatric hospital, you may have legal recourse as a victim. The personal injury lawyers at Tamaki Law are here to hear your story and help you pursue justice and, if available, compensation for your pain and suffering. Our client testimonials and case results speak to the knowledge, experience, and empathy in our history of helping people with similar cases.
Contact us online or call (800) 801-9564 today. We work on a contingency fee basis, so you never pay unless we win your case.
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