Medical Negligence Mental Health Claims - Medical Negligence Direct

Medical Negligence Mental Health Claims

Medical Negligence Mental Health Claims


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    If you sustained a life changing injury under the care of mental health services, our stress claim solicitors support clients with medical negligence mental health claims to recover compensation for their injuries. Our team will handle your case on a no win no fee health claims basis. Mental health malpractice lawsuits can be very complex to prove, but the right solicitors can improve your chances of having a successful claim.

    Mental Health Claims

    What Is Medical Negligence In Mental Health?

    Medical negligence in mental health comes in different forms. Common examples include surgical errors, medication or prescription errors or even suing the NHS for misdiagnosis. In a mental health negligence claim, a psychiatrist can be held responsible for failing to render standard care to patients. Every mental health professional has a duty to follow the right procedures when treating a patient, for instance they must:

    • Get Patients Approval Or Guardian Content.
    • Take  Proper Tests.
    • Monitor Patient’s Improvement To Medication.
    • Carry Out Neurological assessment of a patient’s condition.
    • Work With Other Mental health professionals who are also treating the patient.
    • Discharge The Patient’s Using Best Practices.

    What Are Mental Health Claims?

    Mental health claims are compensation awards received by a claimant for physical, emotional or mental injuries sustained during treatment with mental health services. A patient can also sue for stress and mental anguish if they experienced negligent treatment in a mental care facility. They have the right to file a personal injury claim for psychological damage, or sue for stress. 

    Mental health compensation claims often result from medical negligence during treatment in a mental care facility. It can be very traumatic and stressful for victims. This is why they can claim compensation to recover damages. Mental health problems that may result from neglectful treatment are post-traumatic stress disorder, depression, insomnia, panic attacks, and anxiety. Mental health claims result from:

    • Failure To Liaise With Third Parties.
    • Failure To Closely Observe Suicidal Patients.
    • Failure To Keep Proper Record Of  Tests,  Prescriptions Or Medications.
    • Failure To Follow Through With Proper Treatment.
    • Failure To Desist From Immoral Behaviour By a Mental Health Care Giver Or A Psychiatrist.

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    Medical Professionals Liable For Medical Negligence Mental Health Claims

    Our mental health negligence solicitors are experts in handling Psychiatric negligence cases. If your loved one was given a wrong treatment by a mental health team that caused more harm to their general wellbeing, you may be able to claim on their behalf. Some mental health professionals include:

    • Psychiatrists.
    • Psychologists.
    • Medical Social Workers.
    • Therapists.
    • Mental Health Nurses.
    • Psychiatric Pharmacists.
    • Counsellors.
    • General Practitioners.
    • Peer Workers.
    • Other Mental Health Workers.

    What Can I Claim For Mental Health?

    There are different things you can make claims for in your mental health claims. Your compensation figure should be able to cover these things. That is why you need to keep a proper record of all that transpired because the amount you will get depends on what you make claims for and your ability to prove them.

    In a nutshell, you can claim compensation for:

    • Mental Anguish Or Emotional Distress.
    • Pain, and Physical Injury.
    • Loss of amenity suffered 
    • Recovery costs for therapies.
    • Medication Costs.
    • Cost Of Private Health Care.
    • Travel Expenses.
    • Cost Incurred As A Result Of Loss Of Earnings.
    • Cost Of Future Treatments iIn The Event Of A Relapse.
    • Any other financial losses caused by psychiatric negligence. 

    Some Common Examples Of Medical Negligence In Mental Health

    Psychiatrist negligence can lead to a lawsuit and victims can claim compensation to help them in their  recovery process. Mental health illness has been a growing concern across the UK. Whether a patient in a mental health facility is suffering from depression, anxiety or emotional pains, they can get medical attention from health professionals like psychiatrists to get better. But sometimes the reverse is the case when they come out of treatment feeling worse than before. Some common examples of negligence in mental health treatments include: 

    • When a doctor fails to notice symptoms of possible mental illness.
    • When mental care services discharge patients too early that results in injury.
    • When the mental health team fails to give the right treatment and this causes a patient avoidable harm.
    • When a doctor or psychiatrist gives a wrong medication that causes adverse side effects to patients.

    How To Sue Mental Health Service Providers For Emotional Distress.

    The first and most important step to claiming compensation is to get a qualified medical negligence claims lawyer. Our experienced solicitor can help evaluate your claim and also help you gather enough evidence to back you up if you have a strong claim. Psychological injuries can lead to emotional traumas for the victims. If you think the negligence of a mental health professional has caused you emotional distress that leads to physical injury, then you can follow the process to sue. 

    • Get Information About Your Distress:After speaking to our negligence solicitors, the next step is to document your distress by gathering medical records, and other records or relevant personal information. The more information you can obtain to back up your case, the easier it will be to recover compensation caused by mental anguish.
    • Have Our Solicitors Review  And Evaluate Your Documents:
      Discussing the case with your solicitor can help you take legal action. Have them review your documents and to advise you on the next cause of action.
    • File a lawsuit: 
      The next step is to file a complaint with the assistance of our solicitor. Our solicitor will help you file an emotional distress lawsuit against the defendant.
    • Prepare For Trial:Our solicitor will serve the defendant and there will be an exchange of information between the plaintiff and the guilty party.
    • Try To Work Out A Settlement:
      If the defendant owes up to their mistake it is possible for the two parties to reach a settlement to avoid going for trial. Our solicitors will let you know whether you  should accept the settlement amount or not.
    • Court Proceedings: 
      The court will make the final decision concerning the case if it doesn’t reach a settlement. Suing a mental health professional for emotional distress can be a tedious process, but with the right legal representation you have a high chance of recovering compensation for damages.

    The Evidence You Need To Sue For Emotional Distress

    It can be hard to prove emotional distress as symptoms may not be visible unlike physical pain, this is why documenting the events of your trauma is essential. If you decide to sue for your mental suffering, you need to prove that you really sustained emotional distress. Some proofs you may need include:

    • Evidence Of Physical Injury 
    • Medical Reports Explaining The Extent Of Mental Distress.
    • Information About How Long You’ve Been  Experiencing Emotional Traumas.
    • The Severity Of The Damage Caused.
    • Testimonials From Witness Of Your Emotional Distress.

    How Much Is My Mental Health Compensation Claim Worth?

    As with other medical malpractice claims, mental health claims compensation amount differs depending on the severity of the injury or extent of damage or trauma caused. Speak to one of our expert solicitors or use our mental health compensation calculator to have a rough figure of how much your claim may be worth. Using the medical negligence calculator can give you an estimate of the amount you may receive for your nhs claim for mental health negligence.

    Compensation for psychiatric injury caused by clinical negligence largely depends on some factors.

    • If there was a Negligent Treatment.
    • If the negligent treatment caused a  psychiatric or physical injury.
    • If the extent of the injury caused by psychiatric negligence could have been avoided.

    Why Trust Our Mental Health Solicitors London

    If your loved one experienced negligent treatment in a healthcare facility, you can trust our solicitors to get you the maximum compensation you deserve. We support clients with mental health claims to recover compensation for their injuries.


    Mental health damage can cause life changing damage like self-harm and ultimately lead to compensation claims for psychological injury. If you want to sue for mental suffering, you need to provide proof that can help your claim. Suing for emotional distress requires expert advice from mental health solicitors with years of experience. Our medical malpractice lawyers fall into this category and are willing to take you through the step-by-step process.