More patients could be at risk as mental health negligence cases soar
Mental health patients face an increased risk of receiving substandard care than before. The number of mental health and psychiatric negligence claims settled by the NHS increased by 73% between April 2017 and March 2025 – the biggest rise compared with 17 other disciplines.
Negligent decisions or actions can occur at any stage of a mental health patient’s care pathway, as explained in our previous blog on this topic. Although figures show that 40% of mental health medical negligence claims involve prescribed medications, self-harm or misdiagnosis.
If you or a loved one has experienced any of these scenarios or received substandard care that caused unnecessary or avoidable harm, you might be able to claim for compensation.
How to claim for mental health negligence
Building and proving a mental health negligence case can be complex – especially if a person lacks capacity or is still suffering from trauma.
The Attwaters medical negligence team has extensive experience of supporting patients and their loved ones through the claims process and dealing with distressing situations. For example, we helped a mother secure a £50,000 payout from a private mental health hospital after her son died while under its care.
Build a strong case with detailed evidence
To make a successful claim, you must be able to demonstrate that a healthcare provider failed to meet expected standards. This means collecting evidence, such as:
- Medical records with diagnosis and treatment details
- Any reports or communications that discuss the alleged negligence
- Names of the providers and professionals involved.
To support a claim, medical assessments might need to be arranged with independent experts to confirm the harm that has been caused.
Our team will help to establish if there is sufficient evidence to launch a claim. We promise to be transparent from the outset, explaining what we hope to achieve and how we intend to proceed.
Expert advice on contributory negligence
There are other factors to consider prior to pursuing a mental health negligence claim. For example, if a patient attempted or committed suicide while receiving care for a mental health issue, then contributory negligence might be used as a defence, which could reduce any compensation payout.
This is a complex area of the law and requires expert advice. If you have questions about how contributory negligence might impact your claim, our team can provide the answers.
Take action within the legal time limits
Legal action for a mental health negligence case must start within three years of the date of the alleged incident or within three years of the date that you realised an injury was caused due to negligence.
If a patient has been prescribed incorrect doses or drugs, it could be several years before any long-term impact is identified. The three-year limitation period does not apply if an individual lacks mental capacity or is under the age of 18.
How medical negligence compensation works
Mental health and psychiatry settled claims cost the NHS £58 million in the year ending March 2025. A settled claim is where a case did not go to court; instead a resolution is negotiated and agreed by the parties involved – usually via their legal representatives.
Both out of court settlements and court awards of damages reflect the physical and/or psychological harm experienced by an individual as a result of medical negligence.
The value of compensation payments varies considerably and will be based on a range of factors, such as emotional distress and physical pain, as well as any loss of earnings and future care costs.
Interim payments to cover expenses and losses
Whenever possible, our medical negligence team will seek to obtain an interim payment from the responsible party’s insurers to assist with any expenses and losses.
If you think you have grounds for a claim, contact us today for a free consultation on enquiries@attwaters.co.uk or 0330 221 8855.
