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What Is Mental Health Malpractice?

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Many people are aware of medical malpractice. This is when a person gets an injury due to the negligence of a hospital, doctor or healthcare professional. Medical malpractice can be deeply upsetting, and make us worry about our future both physically and financially. Many people will get legal representation in such a situation.

Mental health malpractice, on the other hand, is less widely talked about, possibly because mental health issues can still very much be brushed under the carpet. But mental health malpractice is equally as serious (see mental health malpractice lawyers near me). But how do you know if you’ve experienced mental health malpractice?

Weren’t taken seriously
Whilst mental health is becoming a more commonly discussed topic, there’s still a lot of stigma around the conversation. Mental health issues are complex and many people still view physical health in higher regard. Because of this, mental health professionals need an excellent level of training, understanding and empathy to communicate with patients and get to the root of the problem. You should never feel as though your mental health issues aren’t taken seriously. If you do feel like this, you may have the grounds to claim mental health malpractice.

Mental health professionals, like any other doctor, should have a clear understanding of the different types of mental health conditions, and therefore should be confident in making a diagnosis. Accuracy matters, and therefore mental health professionals should not rush making a diagnosis, and must consider all possible options before “labeling” a patient. A mental health diagnosis can be a turning point, and therefore if you had a misdiagnosed mental health condition, you probably felt confused, distressed and potentially even angry. These emotions may then have caused significant delays to your recovery. A misdiagnosed mental health condition could therefore be classed as mental health malpractice.

Medication errors
Alongside misdiagnosis’, medication errors can be classed as mental health malpractice. Taking the incorrect medication could have a detrimental effect on your health and wellbeing; slowing your recovery and potentially worsening your 
condition. Many mental health medications are strong and have significant side effects, and should never be taken lightly. Therefore, a mental health professional should always prescribe the correct medication and dose recommended for your
condition, and make sure you are aware of the potential risks.

An unsafe environment
Like all hospitals, a mental health facility should be a safe environment where you feel able to recover. This means being hygienic, having the correct equipment and all the tools available to help you feel better. Unfortunately, many environments fail to meet these standards and this can be classed as mental health malpractice. If you don’t feel safe, protected and relaxed, you’ll never be able to feel well again, so don’t settle for an environment that doesn’t cater to your needs. If you feel that the environment you were in was unsafe and that you may be entitled to compensation, don’t be afraid to seek what you deserve – you are not at fault.


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