Clinical Negligence in Mental Health: Recognizing Mistreatment and Choosing the Right Treatment
When you’re looking for mental health treatment options, you expect compassion, understanding, empathy, and expert care. But unfortunately, sometimes, you can find that your experience doesn’t quite live up to that expectation. What should have helped you has caused you more harm instead, not just mentally, but emotionally, and physically.
At Mission Connection, your mental well-being and journey to living a healthy, happy life are our highest priorities. We believe everyone deserves a space where they’re safe, heard, and are given the room to heal. But while we ensure the highest standards of care, we recognize that not all patients may have had good experiences elsewhere.
As a client who’s looking for safe mental health services, it’s important for you to know what your rights are as a patient, what clinical negligence entails, how to recognize mental health mistreatment and the steps you can take going forward.
On this page, we’ll walk you through:
- What clinical negligence really means in mental health
- How to recognize the warning signs of mistreatment
- Understanding your rights as a mental health patient
- How to choose the right kind of treatment that honors and respects your needs and experiences
What Is Clinical Negligence in Mental Health?
Clinical negligence in mental health refers to a failure by healthcare professionals or institutions to provide an acceptable standard of care, resulting in harm to the patient.¹ The ‘standard of care’ referred to here, is a legal term for the benchmark that determines whether the medical professional has met their obligations to the patient.
From a legal perspective, clinical negligence is found to have occurred if:²
- A duty of care has been established, or in other words, a doctor/patient relationship exists and the clinician is bound to provide a standard of care.
- A breach of duty has occurred, which means the therapist did not meet the standard of care.
- Harm was experienced by the patient, whether emotional, physical, or financial.
- Causation, where a direct link can be established between the doctor’s negligence and the harm experienced by the patient.
If your therapist has a busy day and seems rushed, it can be a less-than-satisfying experience. However, it doesn’t constitute clinical or medical negligence. On the other hand, if the wrong medication was administered to you, as a result of which you experienced adverse effects, there could potentially be grounds for clinical negligence, if proven legally.
From the perspective of mental healthcare, negligence can occur in both inpatient and outpatient settings and can involve psychiatrists, psychologists, therapists, nurses, as well as other mental health service providers.
In the U.S., medical care providers are required to follow certain standards, and failure to meet these standards can sometimes cause serious consequences for patients, such as prolonged symptomatology, delayed recovery, and loss of trust in the healthcare system as a whole.
What Is an Example of Medical Negligence in Mental Health?
There are a few different ways medical negligence can show up in the mental healthcare arena. Here are some specific examples:
Misdiagnosis or Failure to Diagnose
A misdiagnosis is when a therapist doesn’t identify the client’s condition correctly. Failure to diagnose takes place when the therapist doesn’t diagnose the condition. Both actions can potentially lead to serious consequences for a client.
Medication Errors
Medication errors can take place when you’ve been given the wrong medicine, the wrong dosage of the correct medicine, or your health care practitioner doesn’t monitor your response to medication, for medications that require such supervision. Sometimes, when the wrong medicine is prescribed, it can interact dangerously with other medicines the client may be taking.
Failing to Obtain Informed Consent
Your therapist is required to provide you with all the information about your condition, medication, and treatment plans you need, so you can make appropriate decisions about your care. They should also be able to answer any questions you have, so you’re fully aware of your options.³
Provided you’re capable of making independent decisions, generally speaking, you cannot be forced into taking a treatment if you don’t want to. But sometimes, a doctor may need to make tough decisions like admitting a client for inpatient care, if they’ve assessed the client is in danger of harming themselves or others.
You can find guidance on voluntary and involuntary options in different states on our pages:
Failure to Respect Confidentiality
This type of negligence takes place when your healthcare provider breaches their duty to confidentiality, meaning they disclose your confidential patient information to a third party unethically. There are some limitations to confidentiality, however, that it’s important to be aware of when accessing mental health treatment.
You can find out more about confidentiality and your rights on our page, Patient Confidentiality: HIPAA and Mental Health Treatment.
Failure to Assess Risks and Monitor Them Appropriately
Therapists are required to ensure patient safety at all times. If a patient with a risk of self-harm or harming others is admitted, for example, the therapist is responsible for ensuring safeguards are in place. They are also required to monitor patients with such risks, especially if they have a past history of such incidents.
Abuse of Any Form
Healthcare patients have certain protections against all forms of abuse, including physical, mental, and emotional abuse.
In New York, for example, rights include access to a safe and sanitary environment, freedom from abuse and mistreatment, the right to object to any form of care or treatment, regulations around how restraints and seclusion can be used, and legal assistance to better understand and protect your rights.⁴
Remember to check in with your legal representative or counsel to identify your rights during mental health treatment, what constitutes medical negligence, and how to file complaints for your specific jurisdiction.
Legal rights for mental health patients are regulated by both federal and state laws to ensure your dignity, safety, and autonomy throughout your treatment process.
Clinical negligence goes over and beyond simple “oversights.” It can have a lasting effect on your mental, emotional, and physical well-being. If you have faced this hurtful situation, know that you have rights. These rights are there to protect you from clinical negligence before, during, and after mental health treatment.
Your Mental Health Patient Rights Explained
In addition to being able to identify medical negligence, it’s critical to know your rights. It empowers you with the knowledge and the ability to advocate for yourself or a loved one who has a mental health challenge.
Here are some key rights to be aware of:
The Right to Safe and Competent Care
Mental health care clients are entitled to receive clinically appropriate care that meets professional standards. This includes appropriate assessments, diagnosis, and interventions aligned with current best practices and specifically catering to your needs. You are entitled to receive these safely, skillfully, and humanely.⁵
The Right to Informed Consent
Informed consent is a lot more than obtaining a signature on a form.⁶ Informed consent enables clients to receive all the information they need to make appropriate decisions about their care. Informed consent includes covering:
- The type of treatment or procedure that is being recommended
- The risks and benefits of the treatment
- Reasonable alternatives for the recommended treatment together with their risks and benefits
- An assessment of the patient’s understanding of these elements
The Right to Dignity and Respect
You are entitled to be treated in a manner that respects your dignity and integrity. You deserve to be treated with kindness and compassion at every stage of your treatment. This includes freedom from discrimination, the freedom to practice your faith, and the freedom from abuse or any kind of mistreatment.
The Right to Confidentiality
HIPAA privacy rules require that your Personal Health Information or PHI may not be shared with others without your consent. As a client, you are also entitled to access this information when you need to. There are some exceptions, such as when you’re in an emergency or are incapacitated, in which case your healthcare provider may need to disclose a limited version of your PHI information.⁷
The Right to Refuse Treatment (With Exceptions)
You have the right to refuse mental health care treatments, medications, or procedures. However, this provision may not be applicable if the client is unable to make decisions on their own (for which a court order is typically needed) or when there’s an emergency.⁸
The Right to File a Complaint
If you have any concerns or complaints related to any aspect of your care, you have the right to file a complaint with your provider, or appropriate agency. Ideally, communicate your concerns with your healthcare provider, and move forward with more serious measures, if you feel your grievance hasn’t been adequately or fairly addressed.
The Right to a Second Opinion
You have the right to obtain a second opinion. Different doctors may sometimes use different, but ethically-valid approaches, to treat the same mental health disorder. As a mental health care client, you have the right to obtain information that can help you make the right decision about your care.
The Right to Discharge and Aftercare Planning
When leaving an inpatient treatment program, it’s normal to have some anxieties and lack of clarity about your future steps. As a mental health client, you are entitled to a discharge plan (before your formal discharge), which outlines your aftercare and therapeutic needs post-discharge, to transition successfully into everyday living. You and your family members or caregivers must be a part of the planning process.⁹
The Right to Protection from Retaliation
Mental healthcare clients are protected by law from any form of punishment, payback, or retaliation when they ask questions, file complaints, or raise concerns about any aspect of their care.
How to Recognize Mistreatment in Mental Health Care
Lack of respect and compassion: It’s a major red flag if your therapist is dismissive of your feelings, doesn’t seem interested in supporting you, or you feel judged or belittled by them in any way.- Lack of confidentiality and/or privacy: Mental health care providers are bound by governmental regulations to protect the confidentiality of your personal health information. At the same time, you should have complete access to your information as and when you need it.
- Lack of informed consent: Your therapist is required to fully inform you about your diagnosis, the treatment options that are available to you, and their respective benefits and risks. It’s also not appropriate or ethical to pressure you into treatments that you don’t need or want.
- No clear diagnosis or treatment plan: Your healthcare provider is bound by the duty of care to ensure you receive the correct diagnosis and an individualized treatment plan to address your needs.
- Retaliatory actions as payback for asking questions or raising concerns: You should not be ignored or punished for asserting your needs. You also have the right to seek a second opinion if you need to.
Can I Sue for Mental Health Negligence?
Legal options can be considered if you experienced harm because of clinical negligence. A complainant needs to prove:
- A duty of care has been established
- A breach of duty has occurred
- Harm was experienced by the patient, whether emotional, physical, or financial.
- A direct link exists between the negligence and the harm experienced by the patient.
Bear in mind that each state has its own set of regulations to govern the rights of mental health clients. Consult legal counsel to understand your best options.
Finding the Right Treatment Approach for You
The thing to remember with treatment plans is there’s no one-size-fits-all approach. Your therapist recommends treatments considering various factors, and what works for one person may not be effective for another.
Discuss your options with your therapist and understand how they will be delivered and their benefits and risks before starting any treatment plan.
Here are some of the more widely used evidence-based therapeutic approaches, all available at Mission Connection, with a quick overview of how to figure out if they’re right for you.
- Cognitive Behavioral Therapy (CBT): CBT is a form of talk therapy involving identifying and changing negative thought patterns that may be contributing to conditions like anxiety, depression, and trauma.
- Eye Movement Desensitization and Reprocessing (EMDR): EMDR involves being guided to move your eyes a certain way while processing traumatic memories. It’s a treatment approach that’s typically used for trauma and PTSD.
- Dialectical Behavior Therapy (DBT): DBT is a talk-based therapy focused on helping people overcome emotional dysregulation in conditions like Borderline Personality Disorder or BPD.
- Group therapy: Therapy takes place in a group model providing additional support and learning.
- Medication management: Medicines can help stabilize mood or reduce symptoms when paired with therapy if medication has been identified as necessary for your specific disorder.
- Telehealth therapy: Online therapy sessions are ideal for people with hectic schedules, long commute times, or limited access to local care. Due to the nature of telehealth support, the online treatment provider must ensure certain safety procedures are followed to protect confidentiality. It’s important to know that you’re still entitled to your legal rights within telehealth settings.
A good treatment plan is distinguished by collaboration between you and your therapist, complete transparency on the interventions, and continuous adjustment of your interventions based on your progress. You should see a gradual improvement in your symptoms as you progress in your treatments.
Reach Out to Our Compassionate Team Today
You should never feel alone when you’re seeking help for mental health concerns. We understand how overwhelming that can be.
That’s why at Mission Connection, we’ve built a team that places compassion, expertise, and ethics at the heart of everything we do.
Whether you’re exploring therapy for the first time, wanting a second option, or looking for a safe and non-judgmental space to heal, we’re here to guide you every step of the way.
Reach out today to start your path toward well-being with Mission Connection. Simply fill out our pre-assessment form for a consultation with our therapists or call us directly at 866-758-4410.
You’ll receive expert advice from clinicians who understand what you’re going through and will customize your treatment plans, so you receive the most effective care for your needs.
References
- Palmer, R., & Maclachlan, M. (n.d.). Clinical negligence. Anaesthesia Journal. https://www.anaesthesiajournal.co.uk/article/S1472-0299(08)00309-3/abstract
- Vanderpool, D. (2021). The standard of care. Innovations in Clinical Neuroscience, 18(7–9), 50–51. https://pmc.ncbi.nlm.nih.gov/articles/PMC8667701/
- Neilson, G., & Chaimowitz, G. (2015). Informed consent to treatment in psychiatry. The Canadian Journal of Psychiatry, 60(4), 1–11. https://pmc.ncbi.nlm.nih.gov/articles/PMC4459249/
- New York State Office of Mental Health. (n.d.). Rights of outpatients in New York State Office of Mental Health. https://omh.ny.gov/omhweb/patientrights/outpatient.htm
- Shah, P., Thornton, I., Kopitnik, N. L., et al. (n.d.). Informed consent. In StatPearls. StatPearls Publishing. https://www.ncbi.nlm.nih.gov/books/NBK430827/
- U.S. Department of Health & Human Services. (n.d.). HIPAA privacy rule and sharing information related to mental health. https://www.hhs.gov/sites/default/files/hipaa-privacy-rule-and-sharing-info-related-to-mental-health.pdf
- California Department of Health Care Services. (n.d.). Rights for individuals in mental health facilities. https://www.dhcs.ca.gov/services/Documents/DHCS_Handbook_English.pdf
- Gowda, M., Gajera, G., Srinivasa, P., & Ameen, S. (2019). Discharge planning and Mental Healthcare Act 2017. Indian Journal of Psychiatry, 61(Suppl 4), S706–S709. https://doi.org/10.4103/psychiatry.IndianJPsychiatry_72_19
