How do I make a mental health claim / psychiatric injury
This is complex and specialist work and we would suggest that the first step to take would be to call one of our experienced clinical negligence solicitors at Access Legal for a free and confidential initial discussion about your potential claim.
If your potential claim is deemed to have reasonable prospects of success, then the burden of proving that there has been negligence and its impact on the patient falls on the Claimant (i.e. the person bringing the claim). In order to found a potential claim in clinical negligence it will be necessary to prove that (1) the Defendant breached their duty of care (i.e. provided negligent or substandard treatment) and (2) that the negligent or substandard treatment has caused or materially contributed to suffering injury, damage and loss.
There are normally strict time limits for bringing such a claim. Under normal circumstances such a claim must be brought within 3 years of the date of the alleged negligence and a failure to adhere to such time limits can result in the loss of the right to claim. There can, under certain specific circumstances be exceptions to this rule but it is always best to approach an experience clinical negligence solicitor as soon as practicable from the date when you believe that the negligence has occurred and as long as possible before the date of any inquest. This will give the solicitor you have approached as much time as possible to evaluate your potential claim and in certain circumstances time to investigate and prepare to represent you at an inquest.