Inadequate Psychiatric Supervision Claims

If you have lost a loved one to suicide while they were under the care of psychiatric inpatient facilities, or they have survived a suicide attempt or episode of self-harm when they should have been under supervision, you may be entitled to compensation. JMW’s medical negligence team can help you to take legal action and make a claim for compensation if negligent care provided by psychiatric inpatient services led to a loved one's death or saw them experience serious harm.

JMW does not act in cases relating to claims for compensation for the impact of mental health treatment or diagnoses - we specialise in claims for physical injuries experienced while under clinical supervision. Our clinical negligence solicitors can help you to bring a legal claim for harm caused by inadequate psychiatric supervision. As a full-service law firm, we can also arrange inquest representation for you where necessary and offer legal support during an investigation into the medical practice or healthcare facility that was responsible for your family member.

We understand this can be an extremely difficult time, and that the prospect of taking legal action may not be your first priority. However, bringing a medical negligence claim can help you find out what went wrong and why. Speak to JMW's friendly and sympathetic team of solicitors about your options today by calling us on 0345 872 6666, or by completing our online enquiry form to request a call back. We can provide no win, no fee legal services.

How JMW Can Help

If you have experienced the loss of a loved one following negligent care while they were a psychiatric inpatient, or they have caused harm to themselves when they should have been supervised, we can help you take legal action and hold those responsible to account. 

JMW's team has a great deal of expertise representing families who have experienced a loved one's suicide or attempted suicide following inadequate care and monitoring in psychiatric units. We understand how important it is that you feel your best interests are being protected, and are committed to providing the best possible outcome for your family.

The clinical negligence solicitors at JMW are known for their professional, sympathetic approach and are highly regarded throughout the UK. Led by renowned solicitors Eddie Jones and Angharad Hughes, our team includes members of the Action against Medical Accidents (AvMA) solicitor panel and the Law Society's specialist panel for clinical negligence, underlining their industry-leading expertise.

Meet Our Team

JMW's medical negligence team advocates for individuals and families harmed by inadequate psychiatric supervision. We can advise you on your legal rights following an unsuitable discharge or lack of appropriate monitoring, and we will support you through an inquest or the compensation process.

How to Make a Claim for Inadequate Psychiatric Supervision

Psychiatric care facilities have a legal obligation to protect inpatients suffering from mental health disorders and uphold their physical safety, especially if there is deemed to be a suicide risk. Any failures to prevent suicide or mistakes that may lead to patients experiencing harm can leave the facility with legal liability for any injuries that arise.

If failures or negligence on the part of those responsible for your loved one’s psychiatric supervision have contributed to their suicide, self-harm or injury due to suicide or self-harm attempts, you have the legal right to seek answers. The investigation and inquest processes should give you a better understanding of what happened and help you move forward at what is often an incredibly difficult time.

If the mental health service that was in charge of your loved one's health and safety was negligent in discharging its responsibilities, assessing risk or supervising patients, and this was found to have contributed to the harm the person experienced, you may be entitled to claim compensation.

An inadequate psychiatric supervision claim may include:

• The cost of funeral expenses
• Other financial losses caused by the death
• The pain and suffering caused 
• Loss of future earnings if this has been affected by the management of the individual involved
• If significant injury has been sustained, additional care, therapy, accommodation and other needs 

When you contact JMW’s clinical negligence team, we will advise you on the steps involved with a case. If our advice is to pursue a case, we will open up an investigation into the circumstances involved in your loved one’s death or attempted suicide and associated injury, analyse the standard of psychiatric supervision and establish whether this played a role in their actions. We offer a free initial consultation so you can start this process without financial risk. We often take on medical negligence cases on a no win, no fee basis, which means that there are no legal fees to pay if your claim is unsuccessful. You can learn more in our guide to the medical negligence claims process.

Where relevant, we will represent your interests at every stage of the inquest process, provide you with legal representation during hearings and work to provide the best possible outcome for your circumstances. Find out more about how we can help with an inquest. 

How Can Negligence by Inadequate Psychiatric Supervision Lead to Compensation?

There are several types of negligence that can occur in psychiatric facilities and entitle you to compensation if a loved one experienced serious harm or committed suicide due to not being supervised correctly.

A 2018 report from the Parliamentary and Health Service Ombudsman highlighted five common failings in the standard of mental health care provided to patients:

• Failing to correctly diagnose or treat psychiatric patients
• Discharging patients inappropriately or failing to provide them with the right aftercare
• Poor risk assessments and safety practices within the facility, including a failure to properly assess suicide risk
• Failing to offer appropriate treatment or treat mental health patients with the proper dignity and respect for their human rights
• Poor communication with the patient, their family or their carers (which can result in a lack of informed consent when the facility provides treatment)

If any of these failings were found to have played a role in the death or injury of your loved one, you may be able to make a claim for compensation on the basis of clinical negligence. The clinical negligence team at JMW can review medical records and expert evidence to advise whether we can establish that a failure by a psychiatric inpatient facility created an opportunity for your loved one to harm themselves.

Q

What is psychiatric supervision?

A

People facing serious mental health crises may require psychiatric supervision in hospital, through inpatient mental health services. This is usually the case when the person in question is severely self-harming, at risk of acting on suicidal thoughts, or potentially poses a risk to those around them.

While an inpatient, patients should be given access to medication, talking therapies and the ongoing support of trained medical staff, while being provided with structured care, activities and observation. This is designed to offer a break from their day-to-day problems, while ensuring they are being constantly looked after during vulnerable moments.

Many of those undergoing psychiatric supervision in a hospital are there voluntarily, but in serious cases, some patients may be detained (or “sectioned”) in hospital under the Mental Health Act when professionals agree they pose a danger to themselves or others.