Mental Health Claims

Compensation for negligent mental health treatment

Everyone deserves good quality mental health care and treatment. Unfortunately that's not always the case, particularly with how overstretched resources are.

Failure to adequately treat a mental illness can have devastating effects on individuals and families. If you or a loved one has suffered poorer mental health care than expected, you may be able to make a claim for compensation. L& M MediLaw is a Scottish legal team led by Elizabeth Rose, an accredited specialist in medical negligence. Our lawyers will help you to determine whether you can make a claim for medical negligence on a no win, no fee basis.

To discuss mental health case with a lawyer who can assist you, call us today on 0141 471 3078 or complete our online contact form and we will get back to you right away.

Doctor and patient talking about mental health

Mental Health Care in Scotland

Mental health and wellbeing is equally important as physical health. Support can be obtained through your GP and in some cases you may require consultant led care from a psychiatrist. Treatment can vary from talking therapies such as cognitive behavioural therapy, to medication such as anti-anxiety medication.

Some people require more intensive support and can be treated in inpatient facilities, such as a psychiatric ward on a hospital or from the community mental health team. Psychiatric care can be completed on a voluntary basis or an involuntary basis under Mental Health (Care and Treatment) (Scotland) Act 2003, as amended by the Mental Health (Scotland) Act 2015.

If you or a loved one have been affected by poor mental health treatment, it may be beneficial to speak to the responsible treating doctor or nurse. You may feel that there’s cause for a complaint and may wish to ask for an internal investigation. If the case has sadly involved a suicide, then it’s extremely likely an investigation will be carried out by the responsible health board under its Significant Adverse Event review process. Any unexpected death will be reported to the Procurator Fiscal and they may wish to carry out their own investigations.

Making a Mental Health Claim with L&M MediLaw

If you or a loved one suffers an injury as a result of poor mental health treatment, you may need legal advice. L&M MediLaw will listen to you and provide advice in a compassionate and sensitive way. We will ask you who was providing the mental care or treatment, why you felt it was inadequate and what the outcome was.

L&M Medilaw will access the case and if there are sufficient grounds for a potential medical negligence claim, we will open the case, recover the medical records and complete any necessary investigations. We will take a statement from you and/or a member of your family, if appropriate. Our team may also seek an opinion from an appropriate independent psychiatric expert. We’ll ask them to comment on the action or inaction (as the case may be) and the outcome this has had. If the report is supportive, then a mental health claim will be intimated to either the applicable health board, ambulance service or GP.

They will then conduct their own investigations and will provide a response. Depending on that response it may be possible to enter into settlement negotiations. Should it be clear that the case will be defended then advice will be given on the suitability of a court action and what that will involve. If court action is needed, L&M Medilaw will provide quality representation and ensure you feel supported throughout.

Whatever happens, L&M Medilaw will allow you to be heard, will find out the facts and will take action to achieve and maximise any compensation due to you. L&M Medilaw will support you throughout the entire mental health claim process, whether court proceedings are necessary or not.

If you need urgent help

Please seek help if you are in crisis or feeling suicidal. You are not alone.

During working hours, you can contact your GP surgery or you can contact NHS 24 on 111 if your GP surgery is closed.

Breathing Space
0800 83 85 87

A weekend and night time service run by NHS 24

116 123

A 24/7 service for crisis support

NSPCC Scotland
0800 1111

A support line for children and young people

text 85258 anytime day or night and chat by text to share what is worrying you.

Contact our medical negligence solicitors in Glasgow today

Every patient deserves the best medical care possible. When you or a loved one has been let down by a medical professional when receiving psychiatric care, L&M MediLaw can support you with compassionate, professional legal services. We have offices in Glasgow and Edinburgh city centre and serve clients all across Scotland.

To discuss your psychiatric case with a solicitor you can trust, contact us today on 0141 471 3078 or complete our online enquiry form and we will get back to you without delay.