Psychiatric breach of duty expert reports
An independent opinion on whether psychiatric care fell below the standard accepted as proper by a responsible body of psychiatrists, and whether the failure caused harm, for claimant, defendant and single joint expert instructions. Free initial screening call and fixed fees with no hidden charges.
- Section 12(2) approved
- Claimant, defendant and SJE
- Structured for CPR Part 35
Liability opinions on psychiatric care
Some clinical negligence claims turn on the psychiatric care itself: a missed diagnosis, a risk assessment that was not done, a patient discharged too soon, medication prescribed or monitored badly, or follow-up that never happened. Dr Pradhan gives the psychiatric opinion on whether that care fell below the standard accepted as proper by a responsible body of psychiatrists at the time.
Breach is only half of liability. The report also addresses causation: whether reasonable care would probably have changed the outcome, so that the solicitor can see whether the claim stands on both limbs before the costs of the case grow.
Dr Pradhan is section 12(2) approved, dual-accredited for claimant and defendant work and regularly appointed as a single joint expert. She addresses the psychiatric aspects of breach while remaining within her role as an independent expert.
What the report covers
Breach of duty reports on psychiatric care commonly address:
- Assessment and diagnosis in inpatient, community and crisis services
- Suicide and self-harm risk assessment and management
- Observation levels, leave and discharge decisions
- Follow-up after discharge or a crisis presentation
- Prescribing, monitoring and review of psychiatric medication
- Referral, admission and the use of mental health legislation
- Liaison psychiatry in general hospitals
- Care planning and communication between services
- The records, policies and guidance in force at the time
- Whether different care would probably have changed the outcome
- The psychiatric injury that followed, where instructed
- Joint statements, supplementary questions and second opinions
Send a short chronology of the care, the allegations and the relevant dates, and Dr Pradhan will say whether the issues fall within her expertise and, if they do, confirm a fixed fee.
Submit an enquiryBreach and causation in one opinion
A liability report on psychiatric care deals with each of these in turn:
- What was the care, and what did the clinicians know, or should they have known, at the time?
- Did that care fall below the standard accepted as proper by a responsible body of psychiatrists?
- Would reasonable care probably have prevented the harm, or made it less severe?
Whether the care fell below the standard is judged by the standards and information of the time, not with hindsight, and the reasons for each answer are set out so that they can be tested.
Submit an enquiry
Psychiatric care, and care outside psychiatry
Evidence on the standard of care comes from an expert in the same field. Dr Pradhan gives opinions on care given by psychiatrists and psychiatric services. Where the care in question was given by a GP, a surgeon, a nurse or another specialty, the standard is for an expert in that field; the psychiatric report can still address the psychiatric aspects and the consequences.
Many claims need both kinds of evidence: a liability opinion on breach and causation, and a condition and prognosis report on the psychiatric injury. Dr Pradhan can provide one or both, and will say at the screening stage whether a separate expert is needed for any part of the case.
Settings commonly reviewed
- Inpatient psychiatric wards
- Community mental health teams
- Crisis and home treatment teams
- Liaison psychiatry in hospital
- Psychiatric outpatient clinics
- Discharge and follow-up arrangements
Allegations commonly reviewed
- Missed or delayed diagnosis
- Inadequate risk assessment
- Premature discharge
- Medication errors
- Failure to admit or refer
- Missed follow-up
Bolam, Bolitho and the psychiatric opinion
In England and Wales and in Northern Ireland, a doctor is not negligent if they acted in accordance with a practice accepted as proper by a responsible body of medical opinion, provided that opinion stands up to logical analysis. In Scotland, the test is whether the doctor failed in a way that no doctor of ordinary skill would have done if acting with ordinary care.
The report applies the relevant test to the psychiatric care in your case, with reference to the guidance and practice at the time, and states where reasonable psychiatrists could differ. For claims in England and Wales it is structured for CPR Part 35 and Practice Direction 35.
Bolam v Friern Hospital Management Committee [1957] set the professional practice test. Bolitho v City and Hackney Health Authority [1998] added that the professional opinion relied on must have a logical basis.
Related pages
Breach of duty questions
If your question is not answered here, call and Dr Pradhan will advise on scope and timescale.
Call 0121 752 6065Is an assessment of the claimant needed?
Not for a breach-only opinion, which can often be given from the records. Where the report also deals with the psychiatric injury and the prognosis, an assessment is usually needed.
Can one report deal with breach and causation?
Yes. A liability report normally deals with both: whether the care fell below the standard, and whether reasonable care would probably have changed the outcome.
Is the care judged with hindsight?
No. The care is judged by the standards, guidance and information available at the time.
Can Dr Pradhan also report on the psychiatric injury?
Yes. She can provide a condition and prognosis report as well, or a single report where that suits the case and the court’s directions.
How quickly can a report be delivered?
Liability reports depend on the volume of records. The timescale is confirmed at the outset, once the records and the allegations have been seen.
Instruct Dr Pradhan on a liability report
Send a short chronology of the care, the allegations, the funding route and any limitation or hearing dates.
- Phone0121 752 6065
- Emailinfo@
doctorpradhan.co.uk - Consulting Rooms NationwideAbacus Court, Harborne, Birmingham B17 0HH
Please do not include medical records or a detailed personal history in this form. Dr Pradhan will confirm how to send the papers once the instruction is agreed.
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If the matter is urgent, call 0121 752 6065.