Mental Health Negligence: Legal help for poor care

Mental Health Negligence occurs when a patient receives substandard psychiatric care, resulting in further harm or deterioration of their mental wellbeing. If you or a loved one has suffered due to poor mental health treatment, you may be entitled to legal support through our dedicated Medical Negligence Solicitors.

Understanding what constitutes mental health negligence is essential. From misdiagnosis to failure in risk assessment or inadequate follow-up, negligent psychiatric care can have life-altering consequences. This article outlines the legal context in England and Wales, explores common types of negligence, and offers insights into how victims can seek justice.

What is Mental Health Negligence?

Mental health negligence refers to substandard psychiatric care that causes harm. Under UK law, healthcare providers have a legal duty of care. When this duty is breached and results in harm, the injured party may pursue a compensation claim. This applies across NHS and private providers alike.

Common forms of Mental Health Negligence

The following are typical examples of psychiatric negligence:

• Failure to diagnose or misdiagnosis of conditions like depression, bipolar disorder, or schizophrenia.
• Medication errors, such as incorrect dosages or prescribing unsuitable drugs.
• Inadequate risk assessments leading to self-harm or harm to others.
• Lack of follow-up care after hospital discharge.
• Failure to act on suicidal ideation or severe distress reports.
• Inappropriate restraint or detention under the Mental Health Act.

Legal basis for claims in England and Wales

Claims for mental health negligence fall under the Civil Procedure Rules and are typically handled in the County or High Court. To succeed in a claim, the claimant must prove:

1. A duty of care existed.
2. This duty was breached.
3. The breach caused injury or worsened the patient’s condition.

Expert medical evidence is almost always required to establish these points. Solicitors will often instruct independent psychiatrists to give opinion on causation and breach of duty.

Claims under Article 2 of the Human Rights Act can also be considered alongside a claim for mental health negligence where public authorities have failed to protect a patient’s right to life where they have been detained under the Mental Health Act.

How to make a claim for Mental Health Negligence

The steps to pursue a legal claim include:

1. Initial consultation with a specialist solicitor.
2. Collection of medical records and background evidence.
3. Expert opinion to determine whether negligence occurred.
4. Sending a Letter of Claim to the responsible provider.
5. Negotiating a settlement or issuing proceedings if necessary.

There is a three-year limitation period from the date of injury or knowledge of harm. In cases involving minors or those lacking mental capacity, exceptions apply.

Example of real-life psychiatric negligence

Consider a patient admitted for suicidal ideation but discharged without a proper psychiatric assessment. Within days, the patient attempts suicide. A later review finds that staff failed to follow NHS suicide prevention protocols. Such scenarios can form the basis of successful legal claims, particularly if earlier intervention would have prevented harm.

External guidance and statutory frameworks

In the UK, the Care Quality Commission (CQC) oversees the quality of psychiatric services. Additionally, the Mental Health Act 1983 provides the framework for treatment and detention. Failures to meet these legal standards can strengthen claims.

Expert insights on building a claim

Solicitors specialising in mental health negligence will usually consider:

• Whether care breached professional standards.
• If mental health legislation was followed properly.
• Whether harm was avoidable with appropriate care.
• The long-term impact on the patient’s life.

Legal advisors also ensure that vulnerable claimants are supported throughout proceedings, often with the help of litigation friends or mental health advocates.

Our specialist Medical Negligence team are here to assist you through the process, working with you to achieve the best possible outcome for your claim.

Contact us for more information.

Benefits and challenges of mental health negligence claims

Benefits:

• Access to compensation for pain, suffering, and loss of earnings.
• Justice and closure for the victim and their family.
• Incentive for providers to improve psychiatric standards.

Challenges:

• Difficulty obtaining evidence of negligence.
• Emotional toll on claimants during legal proceedings.
• Long duration and potential for court involvement.

Real-world case study

Fosters represented the family of a mental health hospital patient who died after a plastic crayon she swallowed perforated her bowel. Client T was a long-standing patient at the Rampton Secure Mental Health Hospital in Nottinghamshire, when she died back in June 2021, three months after she had been observed to swallow the pen by hospital staff.

Represented by Fosters at the 10-day inquest at Nottingham Coroner’s Court, the family of the woman heard evidence that neglect had contributed to her death and there had been a gross failure to provide basic medical attention to the patient. Post the inquest proceedings, Fosters pursued the defendant for a claim under the Human Rights Act and secured a settlement of £20,000 for the patient’s family.

FAQ

What is Mental Health Negligence?
Mental Health Negligence occurs when a healthcare provider fails in their duty to provide appropriate psychiatric care, resulting in avoidable harm.

What are the most common types of mental health negligence?

• Misdiagnosis of psychiatric conditions

• Medication errors

• Lack of risk assessments

• Ignoring reports of self-harm

• Inappropriate discharge or detention

How do I prove psychiatric negligence in England and Wales?
You must show that:

1. A duty of care existed

2. That duty was breached

3. The breach caused identifiable harm

What evidence is needed in these claims?

• Medical records

• Witness statements

• Independent psychiatric expert opinion

Is there a time limit for bringing a claim?
Yes. Normally three years from the date of injury or knowledge of harm. Exceptions apply for minors and those lacking mental capacity.

This article was produced on the 22nd July 2025 for information purposes only and should not be construed or relied upon as specific legal advice.