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Mental health negligence claims

Mental health compensation claims can arise after an individual has been the victim of clinical negligence, or if they have been injured whilst in the care of a mental health Trust. When patients are the victim of clinical negligence, it can be an extremely traumatic and stressful time in their lives.

Last updated on September 6th, 2021

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Such trauma can sometimes trigger mental health problems such as; post-traumatic stress disorder, depression, insomnia, panic attacks, and anxiety.

Medical negligence leading to psychiatric injury

When patients are let down by health care professionals through medical negligence, it can sometimes cause them to develop mental illness.

Some types of negligence are severe enough to cause life-changing injuries which could lead to depression, since a patient’s quality of life can be seriously affected.

Anaesthetic mistakes during operations can also be extremely distressing for patients.

There have been cases whereby a patient has not been given enough anaesthetic so that they are awake in the operation but do not feel pain.

How to claim for medical negligence

Want to know more about claiming for medical or clinical negligence. Jargon free, we’ll explain your legal rights, letting you know everything you need to know about claiming.

How much compensation can I claim for medical negligence?

Read our medical negligence legal guides to understand your legal rights and how much compensation you may be able to claim.

Psychiatric patients

Psychiatric patients are vulnerable members of society, and in some instances they may need constant supervision to ensure that they do not self-harm. If such a patient were able to self-harm or commit suicide under the supervision of a health care Trust, it may be possible to prove that they failed to adequately observe the patient, and protect them from danger.

Sometimes individuals with underlying mental health problems will be misdiagnosed, leaving their condition to worsen without any appropriate treatment.

How to make a mental health medical negligence claim

To make a mental illness claim, your condition must be recognised as a particular psychiatric injury such as; post-traumatic stress disorder, anxiety, or depression.

Grief or emotional upset would be examples of mental states that are not considered to be injuries for which damages would be awarded.

If you have needed treatment from a psychologist, psychiatrist or counsellor as a result of clinical negligence it is possible that you can make a compensation claim.

Express Solicitors have a specialist clinical negligence department that has experience and expertise in mental health claims.

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