Physical injuries sustained whilst under the care of mental health services

We are able to support clients who have sustained life-changing physical injury and disablement as a result of self-harm or attempted suicide.

We have extensive experience of conducting claims involving life-changing injuries, such as brain or spinal cord injury, sustained as a result of self-harm following the mismanagement of a pre-existing mental health condition or a mental health crisis.

We do not undertake other types of mental health actions.

Unfortunately, despite government funding commitments, NHS mental health services continue to be chronically underfunded and/or poorly staffed. This often means that patients cannot get the support that they need, whether as a patient in hospital or in the community. Preventable harm can occur when deteriorating mental states are not recognised.

We have acted on behalf of patients who have suffered life-changing physical injuries both under a Mental Health Act section and those that are known to mental health services but who are not detainable. We have acted for clients who have sustained injury in the following circumstances:

  • voluntary patients who have absconded from semi-secure facilities
  • patients under Community Treatment Orders (CTO)
  • clients with depressive illnesses/suicidal thoughts and ideation managed in primary care (by general practitioners)
  • patients managed by community mental health teams

As our lawyers handle smaller caseloads than the majority of clinical negligence lawyers, we are able to adopt a highly-focused and proactive approach.

Where appropriate, we seek support from the client’s family or The Official Solicitor. This helps ensure that their claim can be progressed efficiently and provision can be made for their current and future physical and mental health needs even whilst treatment continues.

Claims we cannot assist with

  • Claims for mental distress/psychiatric injury only
  • Any appeal against involuntary admission to hospital or a psychiatric facility
  • Any support in challenging or reviewing active medication or treatment
  • Any support with applying to amend clinical records
  • Support accessing welfare benefits in the absence of a related injury claim
  • Mental Health advocacy services
  • Representation in coronial proceedings in the absence of a related claim

Meet the Clinical Negligence team

Our team is ranked No.1 in both The Legal 500 and Chambers legal directories. 

Our legal expertise and willingness to push boundaries has enabled our clients to win record-breaking compensation awards.

Robert Dransfield, Partner, Clinical Negligence, Stewarts

If you require assistance, please contact us or request a call from one of our lawyers.