Whenever you use the National Health Service (NHS) or any other medical service, you hope that those treating you will act with care and attention with the overall goal of making you better. Unfortunately, this does not always happen, and you can receive substandard medical care. Those who suffer from mental health issues are sometimes more vulnerable and require different levels of care or treatment. If this care or treatment is substandard, it can lead to mental health medical negligence claims.
We will look at the circumstances when such a claim can be brought and if you can bring one on behalf of a loved one.
We will tell you how medical negligence compensation is calculated and how a No Win No Fee Solicitor can help you with your case. If you would like a free no-obligation case assessment, you can get in touch by:
- Calling us on 0800 652 3087
- Contact us online
- Use the live chat function on your screen
Choose A Section
- What Are Mental Health Negligence Claims?
- What Is Classed As Mental Health Negligence?
- What Is The Primary Cause Of Mental Health Negligence In The NHS?
- How Do Mental Health Negligence Claims Work?
- Can I Claim For Mental Health Negligence On Behalf Of A Loved One?
- Can I Claim For Physical And Psychological Injuries Caused By Mental Health Negligence?
- Can Mental Health Negligence Claims Be Brought On A No Win No Fee Basis?
- Learn More About Claiming For Medical Negligence
What Are Mental Health Negligence Claims?
Medical professionals who treat mental health patients owe them a duty of care. To meet this duty, they must deliver the minimum expected standard of care. If they fall below this standard, then their treatment is negligent, and if this negligence causes harm, then a claim can be made. Without proper treatment, a psychiatric injury could easily get worse.
According to the mental health charity Mind, 1 in 4 people will experience a mental health problem each year in England. This would impact over 17 million people in 2024 and highlights just how common mental health problems can be. If, when deciding to seek help from healthcare professionals, a mental health patient received negligent and substandard treatment, this could cause preventable harm.
To have a successful clinical negligence claim, you need to show the following:
- You were owed a duty of care by those treating you
- They breached this duty by failing to meet the minimum expected standard of care
- This breach of duty caused you to suffer harm.
If you think that you meet these three criteria, you can contact us to discuss how to begin the claims process. Our sensitive advisors are here to help.
What Is Classed As Mental Health Negligence?
Mental health negligence claims are claims for a failure of a mental health service provider to meet the minimum standard of care required of them. This failure causes harm in some way.
To decide whether a minimum standard of care has been met, things such as the National Institute for Health and Care Excellence (NICE) guidelines, the General Medical Council’s (GMC) guide to good medical practice and the Royal College of Nursing’s duty of care documents can all be considered.
Examples of negligence could include:
- You are prescribed the wrong dose of medication in a medication error, and this causes your symptoms to get far worse.
- A doctor fails to meet their minimum standard of care by not taking an accurate history of your symptoms. Some symptoms are ignored, and this leads to you being misdiagnosed with the wrong mental health condition. The treatment you are given makes your condition worse and could lead to a medical misdiagnosis claim.
- There is a delay in your mental health diagnosis as your GP misplaces your referral documents and forgets to refer you to the hospital. This creates a significant delay in your treatment and recovery.
- Your test results are mixed up with those of another patient, which causes you to be treated for the wrong condition.
These are just examples of some potential medical negligence claims. To discuss your specific circumstances, you can contact one of our advisors.
What Is The Primary Cause Of Mental Health Negligence In The NHS?
Mental health patients can be among the most vulnerable members of society, but unfortunately, the mental health services in England have been under great strain for many years.
The Lampard Inquiry began its first public hearing on the 9th of September 2024 and looked specifically into mental health deaths. This coincided with Medical Negligence Assist’s own research into mental health medical negligence across the NHS.
When measured by the amount of damages paid for negligence claims, the top 10 main causes of mental health clinical negligence claims between April 2019 and 2024 are:
- Failure/Delay In Treatment
- Failure To Supervise
- Self-harm
- Unexpected Death
- Failure or Delay In Admission To A Hospital
- Inappropriate Treatment
- Inadequate Nursing Care
- Inappropriate Discharge
- Lack Of Assistance Or Care
- Injury To Others By A Patient
Tragically, over £50 million pounds was paid out in compensation for fatalities caused by negligence in this time period. Given the high suicide risk of those who suffer from mental illness, it is vital that they receive the correct standard of care to help them recover. If they receive long-term negligent treatment, the outcomes can be devastating.
If you would like more information, you can read our research into medical negligence claims here. Or you can contact one of our advisors to discuss this further.
How Do Mental Health Negligence Claims Work?
To be successful in your claim for compensation, you will need evidence. This evidence should help you prove that the duty owed to you was breached and that you suffered injury as a result.
Some of the things that could be used as evidence to help your claim include:
- GP records
- Hospital records
- Therapy or mental health services records
- Witness statements (there is sometimes a dispute about what was said to medical professionals)
- Scan or test results
- Any relevant photographs of injuries or harm
If you would like any assistance in what evidence you may produce or any other aspect of making a medical negligence claim, please get in touch.
Can I Claim For Mental Health Negligence On Behalf Of A Loved One?
A failure to meet the duty of care to someone suffering from mental health problems could result in life-changing injuries. If someone lacks the capacity to handle their claim, then someone else can bring a claim on their behalf.
The person acting on behalf of the injured party lacking mental capactiy is called a litigation friend. It is usually a responsible adult such as a parent, guardian or family member. A litigation friend will be approved by the court as part of the proceedings.
Another circumstance in which you can bring a claim on behalf of a loved one is if they are under the age of 18. People under this age cannot bring their own legal case. Prior to the age of 18, a litigation friend can bring a claim on a minor’s behalf.
The final circumstance a claim can be brought on behalf of someone else is in the tragic circumstances of a patient’s death. A fatal accident claim can be brought by either the estate or the dependants of the deceased in various circumstances.
If you would like to claim on someone else’s behalf or have further questions about mental health negligence claims, you can reach out to us for more information.
Can I Claim For Physical And Psychological Injuries Caused By Mental Health Negligence?
A successful claim will result in you receiving compensation. This is made up of two types of damages, namely general damages and special damages. General damages are awarded based on the pain and suffering your injuries have caused you, but the wider impact of the injuries is also taken into account. The compensation for life-changing injuries would be higher than for injuries that did not have the same impact.
To help assess the appropriate level of injury compensation, it is sometimes necessary to go for an independent medical examination. This can be arranged by your solicitor and would be on a day and time that suits you best. After the examination, the medical professional will write a report that goes into detail about the injuries you have suffered and also give a prognosis for the future.
This medical report can be used in addition to a document called the Judicial College Guidelines (JCG). The JCG is there to be used as a guideline, and it contains various injuries and their corresponding suggested compensation bracket.
To help you think about the types of sum that various injuries might attract in compensation, we have completed a small table below. The entries are from the JCG (except the top line). Please remember that they are guidelines only, and no compensation amount is ever guaranteed. The entries below the top line figure are for general damages only and we will cover special damages next.
| Injury | Severity | Compensation Bracket | Notes |
|---|---|---|---|
| Multiple severe forms of Psychiatric Injury and financial losses. | Serious | Up to £1,000,000+ | Multiple forms of severe injuries with significant financial losses such as loss of earnings. |
| Psychiatric Damage | Severe | £66,920 to £141,240 | Significant impact on the ability to cope with life, work and education. Altered family relationships and very poor prognosis. |
| Moderately Severe | £23,270 to £66,920 | Similar to the entry above but with a better overall prognosis. | |
| Moderate | £7,150 to £23,270 | Some of the factors listed above but with an improvement by trial and a good prognosis. | |
| Less Severe | £1,880 to £7,150 | Impact on daily activites and sleep. | |
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 | Permanent effects that prevent functioning at pre-trauma levels. |
| Moderately Severe | £28,250 to £73,050 | Similar to the above but a better prognosis with professional help. | |
| Moderate | £9,980 to £28,250 | Largely recovered with no grossly disabling effects that are ongoing. | |
| Less Severe | £4,820 to £9,980 | Full recovery in most cases within 1 to 2 years. Only minor symptoms over a longer period. | |
| Scarring | A Number of Noticeable Laceration Scars or One Single Disfiguring Scar | £9,560 to £27,740 | A single disfiguring scar or a number of noticeable scars. |
What Financial Losses Can I Claim For In A Mental Health Negligence Claim?
In addition to compensation for your injuries, it may be possible to claim for financial losses. They must have been caused by your injuries, and you must also provide supporting evidence.
Some of the claimable financial losses your injuries may have caused you include:
- Loss of earnings (this could also be reduced earnings in the future)
- Care costs (Private fees paid or assistance from friends and family)
- Treatment costs
- Other medical expenses
This list is not exhaustive and there may be other losses that could be claimed. The evidence that you can provide to help prove these losses include things like wage slips or bank statements, receipts and invoices.
If you would like to discuss any aspect of mental health negligence claims and how to go about starting a case, please contact one of our friendly advisors.
Can Mental Health Negligence Claims Be Brought On A No Win No Fee Basis?
Dealing with mental health problems can be draining, especially if they have been caused or made worse by a medical professional’s negligent treatment. You may feel that further worry over solicitors bills will not improve your situation. Fortunately, our solicitors offer eligible claimants a Condition Fee Agreement (CFA)
A CFA is a type of No Win No Fee agreement and carries with it some benefits that mean you do not need to stress about solicitor fees:
- You do not pay upfront for solicitor fees at the start of the case.
- Nor do you pay for any of the work your solicitor does on an ongoing basis.
- If your case does not win, there are no solicitor fees to pay at all.
At the end of your case, and only if it is successful, is a success fee due to your solicitor. This is taken as a percentage of your compensation and the size of the percentage is agreed with you before you start your case. The percentage also has a maximum size by law and this means that you will keep the bulk of any compensation you receive.
To learn more about how one of our sensitive lawyers can help you, especially if court proceedings become necessary, please:
- Call us on 0800 652 3087
- Contact us online
- Use the live chat function on your screen
Learn More About Claiming For Medical Negligence
If you have any further questions about making a medical negligence compensation claim and would like to read more about this topic, here are some more guides from our site:
- Read our guide about birth injury claims here.
- Learn when you can sue for misdiagnosis of cancer.
- Here, you can find out more about cosmetic surgery claims for medical negligence.
- You can also head here to learn more about our research into mental health negligence compensation claims.
Finally, here are some external resources that might be helpful:
- Learn how to give feedback and make complaints to the NHS.
- Read about the NHS key statistics for England.
- Consider using the mental health charity Mind.
Thank you for reading this guide about mental health negligence claims.
