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Mental Health

Mental Health

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Mental Health Negligence Claims

We specialise in helping victims of mental health negligence claim the compensation they deserve

What is Mental Health Negligence?

Mental health negligence occurs when a patient receives treatment which falls below the acceptable standard of care mental health professionals are expected to provide.

Examples of mental health negligence include:

Inadequate supervision of a patient who poses a threat to themselves or others.
Prescribing or administering incorrect medication.
Wrongful discharging of a patient.
Successful medical negligence claims not only require the claimant to demonstrate their care provider was in breach of their duty of care and, therefore, negligent but also that this negligence either caused or actively contributed to a patient’s injuries. For example, if a patient was not adequately monitored, was able to leave the premises and then harmed themselves or someone else, the patient’s legal representative would have to prove the patient would not have harmed themselves had the standard of care been adequate.

Not all negligent care will warrant a claim though. If the patient in the above example was left unmonitored but caused or underwent no harm, there are no grounds for compensation for the potential damage. In this instance, the appropriate action would be to lodge a complaint about the standard of care to the health care provider so they are aware and can take appropriate steps to prevent it happening again.

Psychiatric care and mental health claims can be extremely complex. Therefore, it is important to seek specialist legal advice from expert solicitors.

What to do now?

We suggest that you contact our expert team for a free no-obligation consultation. There is nothing to lose! If you are busy, you can click here to arrange a callback time or alternatively, you can call 08009961807 and ask to speak to our family department experts.

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    Mental Health Negligence Claims

    How Can We Help?

    LPS can help you determine whether you have grounds for a successful compensation claim. Our team will look at the circumstances surrounding yours, or your loved one’s, care, advise if you have grounds for a potentially successful claim and pass you to a specialist medical negligence solicitor who will advise you on how to achieve the best possible outcome.

    Making a claim for compensation isn’t simply about getting money. It is about receiving acknowledgement of the damage you have suffered and being able to pay for the resources to help you recover. A medical negligence compensation claim won’t necessarily get you an apology for your mistreatment, but it will give you the satisfaction that the care provider has accepted responsibility for their negligence and the hope that, thanks to your actions, no one else will have to suffer the way you have.

    If you have lost your loved one while they were under medical or psychiatric care, LPS can put you in touch with a solicitor to represent you at the inquest. If their death is subsequently found to have been caused by negligence, a claim can then be made for fair compensation on your behalf.

    You do not need to commit to anything when you make an initial enquiry so contact LPS today and find out how we can help you.


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      Frequently Asked Questions (FAQs)

      Medical negligence – What is it?

      Medical negligence is a rare occurrence. But when it happens to you, the effects can be devastating.

      Although most healthcare patients will be treated effectively, a small minority end up suffering from clinical negligence. This is when a medical professional makes an avoidable mistake, causing you harm in the form of an injury or illness or a worsening medical condition.

      Medical negligence also refers to times when a medical professional or organisation fails in their duty of care, causing you injury or harm. This can include:

      • Failure to diagnose a condition
      • Failure to warn you of the risks of a procedure or treatment
      • Failure to prevent an infection being acquired while under their care

      If you’ve suffered an injury or had an existing health condition made worse after clinical treatment, you may have suffered from medical negligence. That means you may be able to make a claim for compensation with the help of our medical negligence solicitors.

      How do I fund a medical negligence claim?
      For many people, funding a medical negligence claim is one of the biggest concerns they may have. You may be worried that you will not be able to afford to pay for your solicitor’s services upfront, which could put you off the idea of getting justice for the harm you have suffered.

      But in many cases, you don’t need to worry. Solicitors now typically offer a No Win No Fee arrangement – otherwise known as conditional fee agreements – for clinical negligence cases. This was introduced to enable patients who had suffered from malpractice to get the help they needed to recover without facing the stress of funding it all at the start.

      A No Win No Fee agreement will allow you to focus on your recovery and putting together the strongest case possible, instead of the potential impact it would have on your finances.

      Why should I make a medical negligence claim?
      Your health is precious. When someone harms that, you are entitled to take action.

      It is not just your physical health that takes a knock when you suffer from medical negligence. You may find that your mental health suffers too. After all, you were harmed by a person or organisation that was there to help treat your initial condition. This breach of trust can have lasting consequences. Getting justice in the form of the compensation you need to help you recover is one way of addressing them.

      You may be worried that making a claim will take funding away from the NHS – particularly at a time when it needs it most. But that won’t be the case. The NHS has legal protection in the form of indemnities to cover any potential claims. NHS Resolution is an organisation that focuses on resolving claims in England, meaning that you won’t have to claim directly against the NHS itself.

      Another important reason to make a medical negligence claim is that by doing so, you highlight the problem that caused you harm. This allows the hospital or surgery or clinician to address what went wrong and prevent it happening again to someone else.

      How long will a med neg claim take?
      Every instance of medical negligence is unique. That means it can be difficult to say exactly how long it will take to settle your medical negligence claim. Some cases will be concluded in months, while it may take years for more complicated claims to be settled.

      If the medical organisation responsible for your injury admits liability, your claim will be settled quicker than if they don’t. If liability is denied, you may end up going to court. And although this is rare, it will extend the claims process.

      Your solicitor will be able to advise you on how long you can expect your claim to take. They will keep you informed when there are any updates.

      How much can I claim in compensation?
      Every medical negligence claim is different. Your circumstances will be unique to you. That means that is difficult to say with certainty what you might entitled to in compensation. For a general idea, try our compensation calculator. It will help you establish what you might be entitled for a specific injury caused by your experience of medical negligence.

      The amount that you’ll be awarded will be split into two categories: general damages and special damages.

      General damages are awarded to cover the pain and suffering you’ve experienced as a result of your clinician’s negligence. These damages are intended to compensate for any lifestyle changes you have had to make. This includes not being able to take part in your usual hobbies or sports.

      Special damages cover any financial impact you’ve suffered because of an instance of medical negligence. This includes any loss of earnings if you’ve been unable to work or any money you’ve had to spend as part of your recovery from the negligent act, such as mobility aids.

      Compensation for medical negligence can help you get back in the position you were in before it ever happened. Your health and your future are the most important things.

      Get in Touch today and let us know how we can help you 08009961807