Psychiatric negligence refers to situations where mental health professionals, such as psychiatrists, psychologists, therapists, or counsellors, breach their duty of care to patients, resulting in harm. This breach can manifest in various forms, including misdiagnosis, improper treatment, medication errors, failure to monitor patients adequately, or inappropriate relationships with patients.
Some examples of failure to prevent attempted suicide or suicide of a mental health inpatient include,
- Failure to carry out appropriate assessment which may have been a contributory factor to a patient taking their life.
- Medication Errors: Errors in prescribing or administering psychiatric medications can have serious consequences. Examples of medication errors include prescribing the wrong medication, incorrect dosages, failure to consider potential drug interactions, or neglecting to monitor patients for adverse effects.
- Failing to ensure a safe environment for patients known to be a suicide risk.
- Negligent Discharge Planning: Inadequate planning for your discharge from a psychiatric facility, including insufficient support and follow-up care, which results in relapses or further injury. Discharging mental health patients when still a risk to themselves and others.
- Failing to prepare adequate safeguarding and care plans when releasing people from mental health care.
- Failure to ensure appropriate supervision and checks on patients.
- Psychiatric Misdiagnosis or Delayed Diagnosis: Psychiatric injury claims may arise if your mental health condition is misdiagnosed or if there’s a significant delay in reaching the correct diagnosis, resulting in additional injuries. One of the most common forms of psychiatric negligence occurs when a mental health professional fails to accurately diagnose a patient's condition or delays the diagnosis, leading to inappropriate or ineffective treatment. Misdiagnosis can exacerbate a patient's condition, prolong their suffering, and result in the worsening of symptoms.
- Improper Treatment: Psychiatric negligence can also involve administering inappropriate or substandard treatment to patients. This may include prescribing incorrect medications, administering inadequate doses, or recommending therapies that are not evidence-based or suitable for the patient's condition.
- Failure to Monitor: Mental health professionals have a duty to monitor Supervise and supervise their patients adequately, especially those at risk of self-harm or harm to others. Negligence in this regard can involve failing to monitor patients in inpatient facilities, inadequate supervision during therapy sessions, or neglecting to follow up on warning signs of deteriorating mental health.
- Inappropriate Relationships: Ethical guidelines dictate that mental health professionals must maintain appropriate boundaries with their patients. Psychiatric negligence can occur when professionals engage in inappropriate relationships with patients, such as sexual misconduct or exploitation, which can cause significant harm and undermine trust in the therapeutic relationship.
- Lack of Informed Consent: Informed consent is a fundamental principle in medical practice, including psychiatric treatment. Patients have the right to be fully informed about the risks, benefits, and alternatives of treatment options before consenting to them. Psychiatric negligence may occur if a mental health professional fails to obtain informed consent or provides inadequate information about treatment options.
- Failure to Communicate: Effective communication between mental health professionals, patients, and other healthcare providers is essential for ensuring the safety and well-being of patients. Negligence may occur if there is a failure to communicate relevant information, such as changes in a patient's condition, treatment plans, or risks associated with treatment. Failing to communicate with a patient’s family over illnesses and release.
- Inadequate Inpatient Care: Inpatient psychiatric care where your treating facility fails to provide adequate supervision, treatment, or fails to prevent self-harm.
- Suicide Risk Assessments: Mental health professionals have a duty to assess and manage suicide risk appropriately. Claims may arise if there is a failure in conducting adequate risk assessments, leading to self-harm or suicide.
- Failure to Recognise Warning Signs: Mental health professionals may be liable for claims if they fail to recognise and address warning signs of deteriorating mental health in their patients, leading to preventable harm.
By recognising these various types of psychiatric negligence, individuals can better understand their rights and potential avenues for seeking compensation in cases where they have suffered harm due to the negligence of mental health professionals.
These failings can take place at different times within the treatment process or may prevent treatment from beginning at all. They can happen to voluntary and involuntary mental health patients; people without formal mental health diagnoses; or people receiving community care.
It is crucial to emphasise that the specifics of each clinical scenario can vary. Psychiatric injury claims are complex and require careful consideration of the unique circumstances surrounding each case
Why bring a compensation claim?
Any suicide is a tragedy but it’s particularly hard for the family and friends left behind when it could have been prevented. If you have lost a loved one due to what you believe was substandard mental health care, or are a survivor of a suicide attempt, we may be able to help you make a claim and support you through the process.
We have extensive experience with preventable suicide and attempted suicide claims and will treat your case with the utmost sensitivity and discretion throughout.
Survivors of psychiatric negligence and their families have the right to seek compensation for the harm they've endured. Compensation aims to provide financial redress for damage incurred due to the negligence of mental health professionals.
- Financial Compensation: Medical negligence losses can result in substantial medical expenses, ongoing costs, and loss of income. A personal injury claim can help you secure the financial compensation needed to cover these expenses and ensure a stable future.
- Rehabilitation and Support: Recovering often requires extensive rehabilitation and ongoing support for the family or individual (where the attempt failed). A successful personal injury claim can provide the resources necessary for specialised treatments, therapy, and assistance to enhance your recovery process.
- Holding Responsible Parties Accountable: By pursuing a personal injury claim, you not only seek compensation but also hold those responsible for the negligence accountable. The claim can also help prevent similar incidents from occurring in the future.
- Quality of Life Improvements: Compensation from a personal injury claim can enable you to access the best available medical care, support services, and medical technologies.
A compensation can cover:
- Loss of earnings arising due to the negligence
- Costs of treatment, therapies and equipment
- Ongoing care costs
- Lifestyle changes to accommodate any condition
- Physical and psychology conditions arising from negligence
Compensation Routes
We offer a free initial consultation to evaluate your case and discuss your legal options. Let us help you seek hold those responsible accountable for their actions. There are time scales and you should contact us as soon as possible to investigate an action for you
Your well-being is our priority, and we are committed to providing you with the legal representation you need during this challenging time.
Our solicitors understand the complex and long-lasting challenges posed by this type of claim.
Contact Us
Psychiatric negligence can have devastating consequences for individuals already struggling with mental health issues. By understanding psychiatric negligence, the compensation process, and the importance of legal representation, individuals can pursue rightful recourse and hold accountable those responsible.
Get in touch with Speir Buchan are here to provide not only provide expert legal guidance but also an understanding of the physical, emotional, and financial challenges you face. Together, we will work towards securing the compensation you deserve.
