Mental Health persons require a level of care that most individuals do not, especially if those individuals have shown themselves to be a risk to themselves or to others. It is required that facilities which house such patients do so according to a strict set of guidelines and regulations. Unfortunately, there are several cases every year as a result of mental health negligence.
Whether these cases are due to inappropriate actions from facility professionals or from misdiagnosis of medical staff, doctors, or practitioners as to the severity of an individual’s mental health, the fact remains that many “professionals” are not functioning at the required level of their profession.
Doctors will claim that mental illnesses are very hard to detect, and in a way they are right. However, many doctors, medical staff, and practitioners simply do not take enough time with a patient to determine whether they are suffering from a physical illness or from a mental illness. Often this is caused by:
- Diagnosing symptoms of a mental illness as an effect of a physical illness
- Not considering the possibilities of the patient to have a mental illness
- Inexperience with mental health cases
- Biases towards certain mental illnesses
Regular physicians are not specialists in mental health and so individuals which are suffering from mental health related issues may be misdiagnosed. However, there is a level in which all medical staff, doctors, or practitioners, should be able to detect as a mental health illness. Not diagnosing a mental health illness when a normal professional would see such symptoms is negligence.
Mental health care facilities need to focus on the health and safety of both those which are within the facility and those which visit the facility. With one out of every 2 adults suffering from a mental health ailment at some point in their lives, it is critical that top professionals handle patients properly. Negligence in a health facility can include:
- Improper medication to treat a mental illness
- Failure to contain a mentally dangerous patient which has therefore resulted in the injury or death of another individual
- Failure to provide adequate counselling for a person diagnosed with a mental health illness
- Failure to provide a safe environment for individuals which must be housed at the facility
Unlicensed nurses, nurses assistants, doctors, or practitioners to work with mental health patients. Even if the person has an MD, PHD, or other medical training, if that person is not specifically trained in mental health illnesses they are in violation of the law and you have definitive grounds for a claim.
If you have been diagnosed and treated for a physical condition only to find later that the condition was due to a mental illness and not a physical illness, then you may have grounds for a claim. Keep in mind that some mental illnesses (such as depression) can lead to physical illnesses (such as heart conditions). Even so, if your mental health was never diagnosed properly you may have a claim.
Individuals which have been the victims of violence due to a mental health patient which was released from a mental health facility as cured may have a claim against the mental health care facility for negligence. It is the responsibility of the mental health care facility to determine the severity of a mental health illness and to ensure the safety not only of the patient but of the public.
If someone you know has committed suicide or homicide after being mistreated for a mental health aliment than you have grounds for a claim.
Claims need to be filed quickly as there are regulations concerning the time you have in which to file your claim. The sooner you file the more apt you are to win your case. Because your claim concerns mental health care and negligence, there will more than likely be additional forms and papers which need to be filed on your behalf. We will work closely with you to ensure that such forms and documentation is presented as required.
If you are currently being treated for a mental health condition, you are encouraged not to cease your treatment. If you are concerned that you have been misdiagnosed, please seek a second or third opinion from a licensed professional who specialises in mental health. Persons who believe that they may be a risk to themselves or others are encouraged to IMMEDIATELY seek help.
Contact Tylers Solicitors today!
Mental health negligence is a serious matter and we are serious about helping you. If you have any questions regarding mental health negligence claims please feel free to contact us. We are here to help you.
If you would like to make a compensation claim for a mental health case then call Tylers Solicitors today for a no-obligation chat on (freephone) 0800 699 0079 today!
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No matter where you were injured in the UK, Tylers Solicitors are just a telephone call away from giving you expert advice about your compensation claim. If you would like to contact us about claiming compensation in the UK then telephone 0800 699 0079 today for a no obligation chat.