Behavioral Health Risk & Liability
Overview
Litigation in the behavioral health sector can be arduous, with sensitive fact patterns and significant emotional overlay. The attorneys in our Behavioral Health Risk and Liability Practice Group possess the necessary experience, judgment and analytical skills to help guide these complex matters through trial or proper resolution. We counsel and defend behavioral health facilities and associated entities against professional liability claims in all states in which the firm practices. The focus of representation also includes social workers, nurses, administrators, case managers, technicians, therapists, psychiatrists, psychologists and other mental health professionals.
Our attorneys routinely handle matters involving:
- Negligence claims following voluntary and involuntary commitments, with claims of medical errors, elopement, emotional/physical/sexual assaults and other improper medical treatment in psychiatric facilities.
- Civil action claims for neglect and abuse of children in foster care, residential treatment facilities and community placement facilities.
- Representation of behavioral health professionals in addiction treatment facilities.
- Administrative law hearings.
- Legislative hearings.
- State licensing revocation hearings.
- Prison health care negligence litigation.
- Negligent care/treatment litigation on behalf of nursing homes and assisted living facilities
- HIPAA/HITECH compliance and notifications.
- Fraud and abuse claims.
- Guardianship appointments in mental health facilities.
Our trial lawyers and appellate team have deep knowledge and an understanding of the intricacies of state mental health statutes, the Affordable Care Act (ACA), the Emergency Medical Treatment and Active Labor Act (EMTALA), CMS requirements and HIPAA requirements, in addition to various other local, state and federal regulations that impact the behavioral health care arena. We also provide counseling in risk management, offering personalized educational discussions aimed at eliminating and minimizing legal exposure related to behavioral health staff interaction with residents, and adherence to state and federal regulations.
