Legalities on the mistreatment of Cerebral Palsy Patients in Hospitals

Consideration was given for the editing and publication of this post.

Cerebral palsy is a condition that can be caused by a medical error or injury that occurs during or shortly after birth. The condition is incurable and once diagnosed, you may require medical care, therapy and personal assistance throughout your life. Cerebral palsy causes a permanent disability, affecting one’s movement and speech.

No two cerebral palsy patients are the same- everyone has their own unique needs and disability. However, the condition is not static; your disability and need for assistance can change in the course of your lifetime.

Living with Cerebral palsy can be exhausting. It can mean having to go through a bewildering range of regulations, services, and legislative mazes to meet your needs. During this time, cerebral palsy patients may experience mistreatment and abuse, especially in public places. Research has shown that children with disabilities are three times more likely to be abused or neglected than children without disabilities.

Mistreatment of Cerebral Palsy Patients in Hospitals

Health care centers have always been said to be a lousy arena for the application of disability rights. Health care providers assume that they know all about cerebral palsy patients and other disability patients because they have been treating them. But the reality is, they are not well trained in how to maintain the respect and dignity of people with some of these lifelong disabilities like cerebral palsy. Mistreatment of cerebral palsy patients includes verbal and emotional abuse, neglect, wrongful restraint and lack of assistance in medical facilities.

 However, it is important to note that most doctors and other health care providers may not intend to abuse or mistreat people with disabilities. Inadequate training and ignorance about the needs of people with disabilities are some of the major causes of discrimination and mistreatment.

Let’s take a look at the laws in health care centers concerning discrimination of people with disabilities.

Legalities on discrimination of cerebral palsy patients

In the US, disability rights are one of the hard-fought civil rights. Currently, the legislation on cerebral palsy and other people with disabilities does not cover every issue they may encounter. The major legislation laws cover the right to a meaningful education, access, and assistance in public places and to pursue their rights if discriminated against. Here are some of the rights and key legislation on disabilities;

· The Architectural Barriers Act of 1968, or ABA, 42 U.S.C. 4151l-4157

· The Americans with Disabilities Act of 1990, or ADA

· Americans with Disabilities Act

· Civil Rights of Institutionalized Persons Act, 1997

· Affordable Health Care Act, or ACA

How can you report mistreatment at a health center?

For any complaints against improper care or claims about unsafe conditions, you can contact your areas State Survey Agency. The State Survey Agency is part of the department of health services in your state, and they will be able to offer you the required assistance. For complaints about your doctor- like incompetent practice or unprofessional conduct, you can contact your State Medical Board. 

Conclusion

Hospitals and other public places can and should do better in how they treat and handle such vulnerable patients such as cerebral palsy patients. But, with the above information, you are now well informed on where to file a complaint if mistreated in a hospital setting.

Sources

https://www.medicare.gov/claims-appeals/file-a-complaint/filing-complaints-about-a-doctor-hospital-or-provider

https://www.cerebralpalsy.org/about-cerebral-palsy/history-and-origin/legislation

September 16, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized