If you or your loved one is living with the life-changing consequences of substandard mental health treatment or care, pursuing compensation may not seem like a priority. However, the mental health negligence claims process can help support the healing process and provide financial relief.
Our solicitors understand that mental health negligence affects everyone differently. That is why they always take the time to tailor their services, understand their clients’ needs, and ensure they are supported from start to finish.
Key Points
- 1 in 10 children and 1 in 4 adults experience mental health problems.
- The National Measure of Wellbeing shows 22.5% of adults rated their anxiety as high the previous day.
- 8.7 million people are prescribed mental health medicines by the NHS.
- Mental health negligence may involve inadequate care planning, as well as errors in medication or diagnosis.
- Our solicitors handle all medical negligence claims on No Win No Fee terms.
Our advisors are available 24/7, so please don’t hesitate to reach out today for a completely free case assessment:
- Phone 0330 123 0546.
- Click to claim online.
Jump To A Section
- What Are Mental Health Negligence Claims?
- Who Can Claim Compensation For Mental Health Negligence?
- How Can Negligent Mental Health Care Be Proven?
- What Compensation Can Be Awarded For Negligent Mental Health Support?
- How Long Is The Time Limit For Bringing Mental Health Negligence Claims?
- No Win No Fee Negligent Mental Health Compensation
- Learn More
What Are Mental Health Negligence Claims?
Mental health negligence claims are a legal process through which patients can seek compensation if they have suffered unnecessarily due to substandard care. This may occur through diagnostic errors, resulting in delays to diagnoses or appropriate treatments. Such claims may also arise due to medication errors or inadequate care planning.
Negligent care can have far-reaching impacts, leading to worsening mental health, self-harm, or suicide. It may involve doctors failing to carry out risk assessments or spot the signs of suicidal ideation. In some cases, it may also see patients not getting a follow-up care plan or access to suitable mental health services.
Please contact our advisors for a more tailored discussion of mental health negligence claims.
Who Can Claim Compensation For Mental Health Negligence?
Anyone can claim compensation for mental health negligence if it can be shown that substandard care has led to unnecessary suffering. This involves establishing the following:
- A GP or mental health practitioner owed you or your loved one a duty of care.
- This duty was breached.
- There was resulting avoidable harm.
All medical professionals (and facilities) must provide patients with the correct standard of care. Specific legal protections also apply to individuals receiving care under the Mental Health Act 1983. Collectively, this is the duty of care referred to above. For example, a practitioner should ensure that patients detained under Section 2 or Section 3 of the 1983 act are properly assessed and treated.
Let’s say a patient informs their doctor that they have severe depression. If the doctor ignores these concerns and doesn’t assess the symptoms, they may misdiagnose it as work-related stress. These negligent actions may allow the condition to go untreated and cause otherwise avoidable harm.
Fatal Mental Health Negligence Claims
In some cases, fatal mental health negligence claims can be made by eligible dependants or the deceased’s estate. In the first 6 months of their passing, only the deceased’s estate can make a claim. This would be for their pain, suffering, and financial loss.
The estate can also claim on behalf of dependants, as per the Law Reform (Miscellaneous Provisions) Act 1934. If the estate doesn’t do so, then qualifying relatives can file their own claim under the Fatal Accidents Act 1976 once the 6-month window passes. This claim would be for how they’ve been affected by their loved one’s death.
You can learn more about fatal medical negligence claims in our dedicated guide or by contacting our advisors.
How Can Negligent Mental Health Care Be Proven?
Negligent mental health care may be proven using medical records, including psychiatric notes concerning diagnoses and treatment plans. This body of evidence must show how you or your loved one was avoidably harmed by substandard care, and might include:
- Medical records may help prove negligent misdiagnoses or substandard GP care.
- Correspondence with social workers, GP surgeries, or carers.
- The contact details for potential witnesses, as a solicitor can use this information to obtain supportive statements.
- A diary of symptoms and their impact.
One of our medical negligence solicitors could help collect these and other forms of evidence. Please get in touch to learn more about this service.
What Compensation Can Be Awarded For Negligent Mental Health Support?
Compensation can be awarded for the psychological and financial impact of negligent mental health support. The starting point of compensation is general damages, which take account of someone’s pain and suffering. When this avoidable harm causes financial loss, then special damages may be awarded.
The Judicial College Guidelines (JCG) may be referred to by solicitors when assessing the potential value of general damages. It is useful for such evaluations because the text publishes suggestive compensation brackets for various forms of harm. Apart from the top figure, we have put together a table of JCG brackets for PTSD and general psychiatric damage. Please note that none of the brackets is a guarantee of compensation.
| Harm | Severity | Notes | Damages |
|---|---|---|---|
| Multiple forms of severe harm and special damages | Severe | Special damages might be for private treatment costs. | Up to £350,000+ |
| Psychiatric damage | Severe | Very poor prognosis with marked problems in areas like family relationships. | £66,920 to £141,240 |
| Moderately severe | Significant problems, such as with the ability to work or otherwise cope with daily life. | £23,270 to £66,920 | |
| Moderate | There may have been problems with relationships, but prognosis will be good. | £7,150 to £23,270 | |
| Less severe | Awards consider the duration of any disability and impact on daily life/sleep. | £1,880 to £7,150 | |
| Post-traumatic stress disorder | Severe | Effects are permanent, preventing the person working, or at least functioning to the same degree. | £73,050 to £122,850 |
| Moderately severe | There is a better prognosis due to professional help. | £28,250 to £73,050 | |
| Moderate | Claimant has largely recovered and there will not be grossly disabling ongoing symptoms. | £9,980 to £28,250 | |
| Less severe | Claimant has made an almost full recovery within 1-2 years. | £4,820 to £9,980 |
Mental Health Negligence Special Damages
In mental health negligence cases, special damages can cover a range of financial losses, including:
- Medications and private treatments, such as talking therapy and residential care.
- Lost income and future earnings.
- Professional care in the home, including domestic tasks, or day-to-day assistance from loved ones.
- Childcare costs, if extra support is needed.
Please be aware that you or your loved one will need bank statements or other financial evidence to include special damages in a mental health negligence compensation claim. Please contact our advisors to learn more.
How Long Is The Time Limit For Bringing Mental Health Negligence Claims?
The time limit for bringing mental health negligence claims is typically 3 years, usually counted from the date of the negligence. Set by the Limitation Act 1980, this time limit may also begin from the date negligence is discovered.
Time limits are paused for those who have a reduced mental capacity or are under 18, as neither can claim on their own. When a litigation friend represents someone from these groups, then a claim can be made at any point before time limits take effect. Otherwise, the standard 3 years will apply from the date that someone turns 18 or regains their mental capacity (if a recovery is made).
You can find out more about time limits and their exceptions by contacting our advisory team today.
No Win No Fee Negligent Mental Health Compensation
You or your loved one may be eligible to make a No Win No Fee negligent mental health compensation claim with one of our solicitors. This would be done under a Conditional Fee Agreement (CFA), which provides access to a tailored, empathetic service without the prospect of paying rising solicitor service fees. In short, these fees aren’t charged in advance, during the claims process, or if a case is lost.
Under a CFA, solicitors charge a success fee for claims that win. While this fee is deducted from the compensation, it’s kept small as it’s taken as a legally limited percentage. That isn’t the only benefit of claiming with one of our specialist solicitors.
Our solicitors understand that a supportive environment can make all the difference for those navigating the mental health negligence claims process. As part of this client-forward approach, they take the time not only to listen but also to ensure that claimants always feel valued and able to share their concerns or questions. That involves:
- Professional, expert representation in all correspondence and throughout negotiations
- Taking an active role in gathering, assessing, and assembling medical negligence evidence
- Developing an individualised care plan that considers the mental health needs of every client
- Regular updates, so no client ever feels unsure or confused about the status of their claim
Contact Our Team Of Advisors
To contact our team of advisors, please don’t hesitate to reach out using one of the options below:
- Phone 0330 123 0546.
- Click to claim online.
Learn More
You can learn more about clinical negligence claims in these guides:
- Learn about medication error claims.
- View our guide to doctor negligence.
- Find out more about misdiagnosis claims.
Some external references:
- Get help accessing NHS mental health services.
- Learn about talking therapies in this NHS resource.
- Check how Statutory Sick Pay is calculated.
If you want to know more about mental health negligence claims, please speak with one of our advisors today.