As a Houston, Texas medical malpractice law firm, we frequently hear from patients and their families about distressing experiences in behavioral hospitals, mental health units, or psychiatric facilities. These cases often involve vulnerable individuals who sought help for mental health challenges, only to encounter neglect, abuse, or inadequate care. The consequences can be devastating, leaving patients and their loved ones searching for answers and justice.
Below, we’ll share a real client story, explore the process of behavioral health admissions in Texas, and discuss key legal concepts that potential clients should understand when considering a medical malpractice claim.
Brandon’s Story: A Case of Mistreatment
One of our clients—let’s call him Brandon—experienced a troubling ordeal that highlights the risks some patients face in behavioral health settings. Brandon, a man in his 60s, had a history of bipolar disorder and was managing his condition with regular medications.
One day, after a fall at home where he hit his head, his family noticed unusual behavior and took him to a hospital in The Woodlands, just north of Houston. Concerned about his symptoms, the hospital’s medical team evaluated him and concluded that he was experiencing a manic episode, a common feature of bipolar disorder characterized by elevated mood, impulsivity, and agitation.
The doctors determined that Brandon required more intensive care than the general hospital could provide. They petitioned the Harris County probate court for an involuntary commitment order, a legal process under Texas law that allows a person to be detained and treated in a mental health facility against their will if they are deemed a danger to themselves or others. In my experience as a medical malpractice attorney, these petitions are rarely denied. Courts tend to defer to medical professionals’ assessments, and in Brandon’s case, the judge approved the order swiftly.
Following the court’s decision, Brandon was transferred to a behavioral hospital in Sugar Land, a suburb southwest of Houston. The goal was to stabilize his condition by adjusting his medications and monitoring his manic episode in a controlled environment. However, what should have been a therapeutic experience turned traumatic. During his stay, a staff member physically assaulted Brandon, shoving him back into his room with enough force to injure his shoulder. The incident left him in pain and shaken, compounding the distress of his mental health crisis.
Proving mistreatment in behavioral health facilities can be challenging. These cases often lack witnesses, and patients may struggle to advocate for themselves due to their mental state or medications. Fortunately, Brandon had the presence of mind to call 911 and report the assault to the police, creating a crucial record of the event. Our investigation later revealed that the facility terminated the employee involved shortly after the incident, a move that suggested internal acknowledgment of wrongdoing. With this evidence, we were able to build a case to hold the facility accountable for Brandon’s injuries.
Behavioral Health Admissions in Texas: What You Need to Know
Brandon’s story raises important questions about how patients enter behavioral health facilities and what protections they have under Texas law. Behavioral health admissions can occur in two primary ways: voluntary and involuntary.
Voluntary Admissions: A patient may choose to seek treatment and agree to be admitted to a mental health facility. This process requires the patient’s consent, and they retain the right to request discharge, typically with a short notice period, unless a doctor determines they meet criteria for involuntary detention.
Involuntary Admissions: When a person is perceived as a risk to themselves or others because of a mental health condition, Texas law allows for involuntary commitment. This process begins with an application—often filed by a doctor, family member, or law enforcement officer—followed by a court hearing. Under the Texas Health and Safety Code, Title 7, Subtitle C (the Texas Mental Health Code), a judge can order temporary detention (up to 90 days) or extended commitment (up to a year) if clear and convincing evidence shows the individual meets specific criteria, such as severe mental distress or inability to care for themselves.
Involuntary commitments, like Brandon’s, are governed by strict timelines and procedural safeguards, including the right to a hearing and legal representation. However, these protections don’t always prevent mistreatment once a patient is admitted. Facilities are responsible for ensuring patient safety, but staffing shortages, inadequate training, or negligence can lead to incidents of abuse or neglect.
The Law and Mental Health Malpractice
If you or a loved one has been mistreated in a behavioral health facility, understanding a few key legal concepts can help you evaluate your options:
Medical Negligence: To succeed in a medical malpractice claim in Texas, you must prove that the facility or its staff failed to meet the accepted standard of care—meaning the level of care a reasonably competent provider would have offered under similar circumstances. In Brandon’s case, the staff member’s use of excessive force likely breached this standard.
Assault and Battery: Physical abuse, such as shoving or striking a patient, may constitute assault (threat of harm) or battery (actual harmful contact) under Texas law. These acts can form the basis of a civil claim separate from medical negligence, potentially increasing the damages recoverable.
Texas Medical Liability Act (TMLA): This law governs medical malpractice claims in Texas and imposes strict requirements, including a 120-day notice period before filing a lawsuit and the submission of an expert report within 120 days of the defendant’s response. The TMLA also caps non-economic damages, but there’s no cap applies to economic damages like medical bills or lost wages.
Patient Rights: The Texas Mental Health Code guarantees patients certain rights, such as the right to be free from abuse and to receive humane treatment. Violations of these rights can strengthen a legal claim and highlight a facility’s failure to comply with state regulations.
Statute of Limitations: In Texas, you generally have two years from the date of the injury to file a medical malpractice lawsuit. Missing this deadline can bar your claim, so prompt action is critical.
We Are Here to Help
Mistreatment in a behavioral hospital or mental health facility can leave lasting physical and emotional scars. If you or someone you love has endured abuse, neglect, or inadequate care in such a setting, you don’t have to face it alone.
If you’ve been seriously injured because of mental health treatment in Texas, then contact a top-rated Texas medical malpractice lawyer for a free consultation about your potential case.
