Medical Negligence Claims

Mental Health Negligence Claims

If you or a loved one has a mental health condition, you’ll know how vulnerable you can be. Healthcare providers in hospitals, psychiatric facilities and on home visits, have a duty to provide the right treatment and supervision.

Sometimes mental health professionals can fail in this duty of care. We can help you to claim compensation for mental health negligence, if a serious injury or fatality has occurred due to:

  • Misdiagnosis of mental illness
  • Wrong medication being prescribed
  • Inadequate supervision in hospital
  • Failure by medical staff to protect from self-harming
  • Failure to detain patient in hospital/wrongfully discharged to the public

If your loved one has died, we can help represent you at the inquest and get the answers and apologies you deserve. Often an inquest may establish that the death was due to negligent care – we can help you then make a compensation claim against the NHS or private organisation concerned.

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Mental Health Negligence - More Information
    • The Claim Process
    • If you feel that you have a mental health claim, contact us and we will arrange a free initial consultation with one of our experts. We’ll talk through your experiences and explain the relevant funding available for your case. 

      After we’ve sorted out the financial side of your claim, we’ll start collecting evidence from medical experts. We’ll use this to come to a compensation figure that suits your needs.

      It may also be possible to secure interim payments, before your claim has settled, to help pay for trips to hospital, loss of earnings and other expenses. Read more about compensation settlements. Our findings will be presented to those who are responsible for your negligence and we’ll try to negotiate a settlement out of court. 

      If the medical professional denies negligence, or refuses to pay compensation, we will issue court proceedings to get the settlement you deserve.

      The length of claims depends on:

      • The complexity of the case
      • If the opponent accepts responsibility
      • If the claim has to go to court (though most claims are settled out of court)
    • How Long Do I Have To Make A Claim?
    • You usually have three years to start your medical negligence claim, following the negligent treatment being linked to injuries. However, there are exceptions to this rule and in many mental health negligence claims, no time limits will apply.

      If you’re a patient under the Mental Health Act (1983), you’ll only have to meet the three year time limit after you’re discharged, with the time period starting from the day you’re no longer a patient. 

      In cases which unfortunately involve fatalities, you have three years from the date of the death to make a claim.

    • What Can Compensation Pay For?
    • We understand that you might not only need care to help with your physical recovery, but you may need help with the affects the negligence has had on your mental illness or the loss of a loved one. 

      We’ll ask medical experts for their opinions, including psychologists and mental health specialists, when we’re assessing the future needs of you or your loved one.

      Compensation can help pay for a number of things, including:

      • Loss of earnings
      • Physical and mental suffering
      • Specialist equipment
      • Future care costs
      • Adaptations to your home
      • Financial consequences of losing a loved one, such as funeral expenses

      Not only do we aim to help with your recovery by securing compensation, but we will make sure that the party who was responsible for your negligent care introduces measures so the mistakes don’t happen again.

      Our Asset Management team can also advise on how your compensation could be invested, setting up personal injury trusts that will ensure that money is allocated for lifelong care.

    • No Win No Fee Mental Health Negligence Claims
    • We accept some mental health negligence claims on a No Win No Fee basis. This means that you might be able to claim without any financial risk because you’ll be protected by an insurance policy.

      We’ll talk through the different options for funding your claim and make sure that we select the best choice for your circumstances. In No Win No Fee claims, you won’t lose any money regardless of the outcome of your case, which can provide peace of mind throughout the claims process.

    • Working With Our Health & Social Care Law team
    • Our health and social care lawyers can ensure that you or your loved one is receiving all the Government help you’re entitled to. We can also help with any issues that arise relating to who can make decisions about care for you or your loved one.

      Our experts have also helped with various other disputes over medical and social care issues, including:

      • Community care assessments
      • Personal budgets
      • Public sector cuts
      • Home care
      • Placements in residential care
      • Physical, psychological and financial abuse

      For more information on the help we offer in this area, visit our health and social care law page or call the team for advice on 0800 028 1943.

They were always there to answer my questions and queries when I was at my most vulnerable and they persevered to obtain the best possible result."

Lisa, client

Frequently Asked Questions

What Is Mental Health Negligence?

Mental health negligence occurs when a medical professional provides substandard care to a patient which results in an injury or illness. Due to the vulnerability of some people with mental illness, the effects caused by negligent treatment can be extremely serious. To make a claim, we need to be able to prove that...

  • The doctor or healthcare professional caring for you had a duty of care
  • There was a breach to that duty of care
  • A breach resulted in harm
  • The harm caused damage or other losses

Claims of this nature will be made against the healthcare professional or organisation that was responsible for the mistreatment, whether the care was provided by the NHS or private practitioners.

To find out more about making a mental health negligence claim, call us free today on 0800 121 6567 or contact us online and we’ll call you back.

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Can I Make A Mental Health Claim?

We understand that mental health conditions can be life-changing for you and your family. We can help you, or a loved one, if incorrect psychiatric care has resulted in a serious injury or even a fatality, after care that wasn’t suitable for...

...conditions that include:
  • Dementia
  • Asperger's
  • Schizophrenia
  • ADHD
  • Bipolar disorder
  • Depression

Incorrect treatment can have serious affects if you or your family member isn’t properly supervised on a regular basis. We have previously represented clients who we have been able to establish caused themselves harm or have taken their own lives as a result of issues with their treatment and supervision.

We have represented mental health patients who have received negligent treatment from various healthcare professionals at:

  • NHS and private hospitals
  • Care homes
  • Community treatment providers
  • Psychiatric facilities

We can help you secure compensation to make a real difference. The settlement can help pay for specialist equipment and private health care designed to best support your unique needs. We can also help with paperwork and ensure that you’re getting all the help you’re entitled to under the Mental Health Act.

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Can You Represent Me At An Inquest?

If a family member has died in unclear circumstances, an inquest might be held to establish the facts surrounding their death. If evidence comes to light during the inquest that your loved one might have died as a result of negligent mental health treatment, we can make a claim for compensation on your behalf. When you choose to claim...

...we‘ll do everything in our power to get the compensation and apologies you deserve. We urge that you contact us before the inquest takes place to give us the time we need to collect medical records and other documents to put us in the strongest position to help.

It’s worth noting that if you’re claiming on behalf of a loved one who has sadly passed, your claim might be subject to time limits. Normally, you’ll have three years from their date of death to make a claim on their behalf.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

"They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
"One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."
We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven previous occasions.

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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We could help you access specialist care and rehabilitation that can make a huge difference to your life.

If you make a mental health negligence claim with us, we will of course work hard to get you the compensation you need.

However, we also understand that you may need specialist care and rehabilitation to make sure you or your loved one gets the support needed to live a life as normal as possible.

Read more about rehabilitation support here

Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

Start Your Claim Today

To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

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