Spotlight on Behavioral Health Risk & Liability
Defending clients in behavioral health litigation requires a careful balance between legal rigor and sensitivity to the nuances of mental health care. We understand that these cases involve delicate fact patterns and significant emotional overlay. Clients rely on our experience, judgment and analytical skills to help guide these complex matters through trial or to resolution.
We counsel and defend behavioral health facilities and associated entities, social workers, nurses, administrators, case managers, technicians, aides, therapists, psychiatrists, psychologists and other mental health professionals in matters involving negligence claims; civil action claims for neglect and abuse of children in foster care, residential treatment facilities and community placement facilities; administrative law, legislative and state licensing revocation hearings; HIPAA/HITECH compliance and notifications; fraud and abuse claims; and guardianship appointments in mental health facilities.
According to Paul Laughlin, Chair of our Behavioral Health Risk & Liability Practice Group, “The behavioral health milieu presents one of the more challenging and unpredictable environments in health care, and providers are among the most patient and caring. We strive to represent these dedicated professionals in a way that incorporates an understanding of the challenges they face in context with a knowledge of the applicable practice standards.”
Our trial lawyers and appellate team have deep knowledge and understanding of the intricacies of state mental health statutes, the Affordable Care Act, and the Emergency Medical Treatment and Active Labor Act, and CMS and HIPAA requirements. 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.
The Quarterly Dose – August 2025, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved.