Mental health medical negligence: giving everyone a voice

The number of people reporting mental health problems has been steadily increasing. Yet the resources needed to support them is declining – especially within the NHS.

According to the British Medical Association, mental illness beds in England have decreased by 24% since 2011 while the average vacancy rate for doctors working in mental health services hit 12% in the year ending March 2024.

When healthcare professionals are under pressure, the risk of mistakes can increase. Inappropriate or insufficient treatment for a mental health problem can be just as devastating as a physical injury sustained due to clinical negligence. 

Holding mental health professionals to account

Mental health medical negligence can not only lead to psychological and emotional trauma both for the patient and their loved ones but also physical harm. For example, one patient sustained a serious head injury while in psychiatric care.

The medical negligence team at Attwaters enabled the patient and their family to hold the healthcare provider to account – and we can help you do the same.

We support our clients at every stage of the claims process – from identifying negligent behaviour and gathering evidence to negotiating settlements and attending court hearings. You can find out more about how the medical negligence claims process works in another Attwaters blog on this topic.

From diagnosis to discharge: what can go wrong

Medical professionals have a mental health duty of care to their patients – whether they are being treated at home or in hospital. A breach of mental health duty can happen at various points in a patient’s care pathway – from diagnosis to discharge.

When substandard care causes a patient unnecessary or avoidable harm, it can be deemed to be negligent. Not sure if your situation qualifies? These are some common examples of mental health negligence:

• Misdiagnosis: this can lead to the wrong treatment or medication being prescribed, which can cause unpleasant and avoidable side effects. It can also prolong a patient’s suffering and cause them to deteriorate, reducing their quality of life. 
• Delayed diagnosis: many mental health problems can be treated and even resolved. However, the longer a patient has to wait for a referral and diagnosis can increase the risk of more severe and secondary symptoms, impacting their ability to work and maintain relationships.
• Inadequate risk assessments: failures to carry out or update patient risk assessments are a serious issue in mental health care. Professionals must regularly assess a patient’s risk of harm to themselves or others. When assessments are poor or outdated, patients may be left unsupervised, placed in unsafe settings, or discharged too soon – with sometimes fatal consequences. The Cygnet Hospital case shows how proper risk evaluation and monitoring could have prevented a tragic death.
• Medication mistakes: this is the most common reason for a mental health medical negligence claim with patients being prescribed incorrect dosages or drugs. This can lead to debilitating side effects and issues with addiction. In one such case, a patient received compensation after an NHS doctor prescribed them an incorrect dosage of medication.
• Unsafe environment: insufficient staff, poor governance, inadequate training. These are just some of the factors that can make mental health units unsafe for patients, which can result in physical, psychological or sexual harm.
• Unreasonable force: when patients are detained under the Mental Health Act, the use of force must always be proportionate and only as a last resort. The use of unreasonable force can have serious and sometimes fatal consequences.
• Premature discharge: with a lack of mental health beds, vulnerable patients can sometimes be sent home too early. This can lead to psychological and physical harm and, in some cases, suicide.

Justice, compensation, change: our mental health negligence mission

Mental health problems are often hidden from view – and so are instances of substandard care, especially when a patient lacks capacity or the ability to speak out.

The mental health medical negligence team at Attwaters is committed to giving everyone a voice. We listen. We advise. We understand. We don’t just want to help you get the justice and compensation you deserve. We want lessons to be learned and processes to be changed, so mental health patients and their families receive the support they need. 

If you are thinking about starting a mental health medical negligence claim, get in touch with our team for some free advice on enquiries@attwaters.co.uk or 0330 221 8855.