WE GET YOU RESULTS

4.9
1,100 Google Reviews

NATIONALLY RESPECTED. LOCALLY TRUSTED.

Types of Behavioral Health Facility Abuse

Abuse in behavioral health facilities can take many forms. Whether intentional or the result of negligence, these harmful actions can have devastating effects on victims and their families. Below are some of the most common types of abuse that occur in psychiatric facilities:

Physical Abuse

Physical abuse includes any form of harm inflicted on a patient’s body. Examples include assault, improper or excessive restraint, and physical mistreatment. Victims often suffer visible injuries such as bruises, cuts, or fractures, but the emotional impact of abuse can be equally or even more damaging.

When mental health professionals or caregivers breach trust with a patient by inflicting physical harm, it can be hard for the patient to regain trust with the facility. Our abuse lawyers are here to hold the individuals or institutions that did harm accountable — and more importantly, to help you navigate the aftermath of abuse.

Sexual Abuse

Sexual abuse is one of the most egregious forms of mistreatment in behavioral health facilities. It includes sexual assault, exploitation, and inappropriate advances from staff members or other patients. Victims often feel powerless and ashamed, which can delay reporting and seeking help. Rainwater, Holt & Sexton is committed to helping victims of sexual abuse find justice and begin the healing process.

Negligence and Medical Malpractice

Negligence occurs when facilities fail to provide adequate care or supervision, leading to harm. Common examples include improper medication administration, failure to prevent self-harm, and inadequate supervision of vulnerable patients. In some cases, negligence escalates to medical malpractice when healthcare providers deviate from the accepted standard of care, causing severe harm.

For example, prescribing incorrect medications or ignoring allergic reactions can have life-threatening implications.

Emotional and Psychological Abuse

Emotional abuse can be subtle but equally harmful. This type of mistreatment includes verbal abuse, intimidation, isolation, and other behaviors designed to demean or manipulate patients. Such actions can make existing mental health conditions worse and leave long-lasting psychological scars.

If you or a loved one has experienced any of these forms of abuse, contact our team and we’ll offer free legal guidance and help you decide on the right next steps.

Taking Action After Abuse

If you or a loved one is experiencing an emergency, call 911 or the National Suicide Prevention Lifeline at 1-800-273-TALK.

If you suspect abuse in a behavioral health facility, it’s crucial to take immediate steps to protect yourself or your loved one and preserve evidence for potential legal claims. Here’s what you can do:

Your first priority should be removing the victim from the abusive environment if possible. Seek medical attention and emotional support to address any immediate physical or psychological harm. It’s important to consult with trusted medical professionals who are not affiliated with the facility where you or a loved one experienced abuse.

Notify the facility administration, state agencies, or law enforcement. In Arkansas, you can report abuse to the Arkansas Adult Protective Services or the Arkansas Child Abuse Hotline at 1-844-SAVE-A-CHILD.

Keep detailed records of physical injuries, medical reports, and any correspondence with the facility. Photographs of visible injuries and written accounts of incidents can be invaluable in building a strong legal case. Though the incident may be fresh in your mind now, memories fade and evidence can be damaged or destroyed—so it’s vital to keep a running log of evidence.

An experienced personal injury attorney can guide you through the legal process and ensure your rights are protected. Rainwater, Holt & Sexton offers free consultations to help victims and their families understand their options and choose the right one.

If you or a loved one has suffered abuse at a psychiatric facility, our personal injury attorneys are here to help you understand your rights and advocate for you during this challenging time.
Get a Free Consultation

How Our Attorneys Can Help

At Rainwater, Holt & Sexton, we provide comprehensive legal support for victims of behavioral health facility abuse. Here’s how we can support you:

  • Conducting Thorough Investigations: We gather evidence, review medical records, and interview witnesses to uncover the truth behind the abuse.
  • Handling Communication: Our attorneys take on the burden of dealing with the facility and their legal teams so you know your case is in good hands.
  • Building a Strong Case: We work diligently to compile the documentation, expert testimony, and legal arguments necessary to pursue justice.
  • Seeking Maximum Compensation: Our goal is to secure compensation for medical expenses, emotional distress, and other damages caused by the abuse. We look at the full picture—physical, mental, emotional, and social.

What Types of Behavioral Health Facilities Are There?

Behavioral health facilities serve diverse patient needs. Below are the most common types:

Residential Treatment Centers: These facilities provide long-term care and structured therapy for individuals with severe mental health or substance use disorders.

Inpatient Psychiatric Facilities: Designed for short-term, acute care, these facilities address crises such as severe depression, suicidal ideation, or psychotic episodes.

Outpatient Programs: These facilities offer treatment and support while allowing patients to live at home. Programs may include therapy, counseling, and medication management.

Each facility is legally obligated to provide a safe and supportive environment for its patients. Failure to do so can result in legal liability.

What Legal Rights Do Patients Have?

Patients in psychiatric facilities are protected by federal and state laws that safeguard their dignity and well-being. Key rights include:

  1. The Right to Safe Treatment: Facilities must provide care that meets accepted medical standards.
  2. The Right to Freedom from Abuse: Patients have the right to live in a safe environment free from physical, emotional, or sexual abuse.
  3. Confidentiality: Medical records and treatment plans must be kept private unless the patient provides consent.

These rights are supported by federal regulations such as the Emergency Medical Treatment and Labor Act (EMTALA) and Arkansas-specific standards.

Signs of Abuse

Recognizing abuse in behavioral health facilities can be challenging, but there are common warning signs to watch for. Remember: Not all abuse looks the same! Because a victim might be in a fearful mindset or feel shame, it’s important to keep a careful watch on your loved ones while they are in a facility.

Physical indicators of abuse include unexplained injuries, bruises, or frequent hospitalizations. Minor bumps, cuts, or scratches are harder to spot, but can potentially indicate physical abuse. Be sure to listen to your loved one carefully to better understand what they’re experiencing.

Behavioral indicators of abuse include sudden mood swings, withdrawal, or fear of caregivers. Often, if a person is experiencing physical abuse, their symptoms will spill over into the behavioral realm. Even if you don’t notice injuries, out-of-character behavior might be a sign of abuse.

Verbal indicators of abuse are simple: If a loved one states that they’ve experienced mistreatment or don’t feel safe in the facility, it’s crucial to investigate their claims as soon as possible. This will ensure their safety and provide stability as you discuss what happened, contact the relevant authorities, and consider pursuing legal action.

Frequently Asked Questions

You Sue a Mental Health Facility?
Yes, you can sue a mental health facility if you or a loved one has suffered abuse, neglect, or inadequate care. These claims often focus on proving negligence, inadequate supervision, or intentional harm. You might bring a lawsuit if:

  • The patient is inadequately supervised and harm occurs.
    The patient experiences any of the above types of abuse—physical, emotional, mental, or sexual.
    The patient harms themselves while under the care of a mental health facility.

An experienced personal injury lawyer can help you understand whether you have a case and advocate for you and your loved one during the process.

How Much Compensation Is My Case Worth?
The value of your case depends on factors such as the severity of harm, medical expenses, and emotional distress. An attorney can provide a detailed assessment based on your specific circumstances.
How Long Do I Have to File a Case in Arkansas?
Arkansas law imposes strict deadlines for filing abuse claims, and it varies based on the specifics of your case. Contact us promptly to ensure your case is filed within the statute of limitations.
Can I File a Claim if the Abuse Happened to My Child?
Absolutely. Parents or guardians can pursue legal action on behalf of minors who have suffered abuse or neglect.
Will I Have to Go to Court?
Many cases are resolved through settlements, but our attorneys are prepared to represent you in court if necessary.
What If My Abuse Occurred in Arkansas, But I Live in Another State?
You can still file a claim. Rainwater, Holt & Sexton has experience helping out-of-state clients who were harmed in Arkansas facilities.

Rainwater Holt & Sexton: Your Advocate in Behavioral Health Facility Abuse

Abuse in behavioral health facilities is a serious violation of trust that demands accountability. At Rainwater, Holt & Sexton, we are committed to advocating for victims and their families. Contact us today for a free, confidential consultation. Our team is available 24/7 to answer your questions and help you take the first step toward justice.

With eight offices in Arkansas - Little Rock, Little Rock-Corporate Hill, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Jonesboro – our personal injury lawyers are easily accessible when you need help.

We’re here to help.

Personal Injury Law Resources

close up dog biting a human arm

Dog Bite

If you suffered an injury from a dog bite attack, you should be able to focus on healing. Our team

Learn More
Injured man after car accident, holding his head.

Understanding Head Injuries from Car Accidents

If you’ve suffered a head injury in a car accident, you’re not alone. According to the Centers for Disease Control

Learn More
A semi truck passing a car on the highway

Safety Tips to Prevent Truck Accidents

Across the United States, there was an increase in the number of trucking accidents in 2016. That year alone, more than

Learn More
graphic of semi truck with a detached trailer lying on its side

Trailer Detachment Accidents

Common Causes of Big Truck Accidents Sharing the road with large commercial trucks can be scary. After all, a fully loaded

Learn More
self driving truck accidents

Understanding Self-Driving Truck Crashes in Arkansas

Self-driving trucks have arrived.. Even as legislation lags behind, driverless trucks are hitting the roads in Texas, Florida, and Northwest Arkansas

Learn More
intersection motorcycle acciden

Common Causes of Motorcycle Accidents

Motorcyclists in Arkansas face a variety of obstacles, challenges, and risks when riding on the road. However, the most common risk

Learn More
University and Asher Little Rock

Where Do Most Motorcycle Accidents Occur?

In 2016, motorcycle accidents increased across the United States by 5.1 percent according to the National Highway Traffic Safety Administration. These

Learn More
truck accident

Determining Fault in a Trucking Accident

If you’ve been injured in a trucking accident in Arkansas, your life may never be the same. Trucking accidents are serious

Learn More
arkansas motorcyle laws

Arkansas Motorcycle Laws

Arkansas is home to more than 76,000 bikers. Bikers here enjoy beautiful winding scenic rides during a large portion of the

Learn More
accident burns

Common Injuries Burns

Common Injuries from Car, Motorcycle, Truck and Equipment Accidents Every year, more than 1.1 million people in the United States seek

Learn More
Guard rail - Auto Accidets

Common Causes of Guardrail Accidents

You probably pass guardrails every day and never give them a second thought. However, guardrails are an important safety feature

Learn More
drowsy driving

Common Causes: Drowsy Driving Car Accidents

According to the CDC, more than a third of all adults do not get the recommended sleep they need to

Learn More
After a Rental Car Accident

What to Do After a Rental Car Accident

You're driving along the beautiful roads of Arkansas, having a fantastic vacation. Then, out of the blue, something unexpected happens—a

Learn More
Whiplash from Auto Accident

Common Injuries: Whiplash

Auto, Truck, Equipment, and Workers' Comp Accidents in Little Rock and Beyond The forces of an accident can be severe and

Learn More
speeding car accident

Common Causes : Speeding

If you are involved in an accident caused by a speeding driver in Arkansas, it can be difficult to get

Learn More