Psychological injury after medical negligence
Independent psychiatric assessment of the psychological harm caused by negligent physical healthcare, such as surgery, intensive care, childbirth or a late diagnosis, for claimant, defendant and single joint expert instructions. Free initial screening call and fixed fees with no hidden charges.
- APIL Tier 1 Recommended Expert
- Claimant, defendant and SJE
- Reports usually 1–2 weeks from assessment
When negligent treatment leaves a psychological injury
Not every clinical negligence claim involves negligent psychiatric care. Dr Pradhan is also instructed where negligent physical treatment has led to psychiatric injury, including trauma after avoidable surgical complications, a delayed cancer diagnosis, negligent obstetric care, experiences in intensive care, chronic pain, loss of fertility, disfigurement or avoidable disability.
The report separates psychiatric history unrelated to the negligence, understandable distress and formal psychiatric disorder, and sets out the treatment needed. That matters for quantum, future care and settlement, especially where the records show earlier symptoms, several stressors or competing causes.
Dr Pradhan is an APIL Tier 1 recommended expert, and judges have commended her reports for clarity.
Diagnosis, causation and prognosis
Whatever the treatment that went wrong, the report deals with three questions:
- Has the claimant developed a recognised psychiatric disorder, and how severe is it?
- How much of it is due to the negligence, rather than the illness that needed treatment or other events?
- What treatment is needed, and what is the likely course?
A patient who needed treatment for a serious illness may have been distressed whatever happened. The report separates that from the harm caused by the negligence.
Submit an enquiryWhat the report covers
Reports on psychological injury after medical negligence commonly address:
- PTSD after surgery, intensive care or childbirth
- Depression and anxiety after a late cancer diagnosis
- Fear of further treatment, and its effect on care
- The psychological effects of disfigurement or disability
- Chronic pain with depression, anxiety or somatic symptoms
- Loss of fertility and its psychological effects
- Earlier mental health problems and apportionment
- Distress short of a psychiatric disorder
- The effect on work, relationships and independence
- Treatment needs and future care
- Prognosis and future vulnerability
- Joint statements, supplementary questions and second opinions
Send a short outline of the treatment, the injury alleged and any limitation date, and Dr Pradhan will confirm the scope of opinion and a fixed fee.
Submit an enquiry
Surgery, intensive care and childbirth
Psychological injury after medical treatment often takes the form of PTSD, with intrusive memories of the operation, the intensive care unit or the birth, and avoidance of hospitals and further treatment. Depression and anxiety are common where the negligence has left pain, disability or disfigurement.
Where the claimant needs further medical treatment, the report addresses how their psychological condition affects their ability to undergo it, and the psychiatric treatment that would help.
Conditions commonly assessed
- PTSD
- Depressive disorder
- Anxiety and health anxiety
- Adjustment disorder
- Fear of childbirth after birth trauma
- Chronic pain with psychiatric features
Treatment commonly involved
- Surgery
- Intensive care
- Childbirth
- Cancer care
- Treatment causing disfigurement
- Treatment causing loss of fertility
Patients and relatives
A patient who suffers a psychiatric injury as a result of negligent treatment can recover for it as part of their own claim. Claims by relatives who become ill from what they witnessed are much narrower. In England and Wales, the Supreme Court’s 2024 decision in Paul governs these claims.
The psychiatric evidence is therefore usually directed to the patient’s own claim. Where a relative does have a claim, for example after witnessing an accident, the report addresses their diagnosis and its cause in the same way. For claims in England and Wales the report is structured for CPR Part 35; reports for Scotland and Northern Ireland are prepared to the requirements of those courts.
The Supreme Court held that doctors do not owe members of a patient’s close family a duty of care to protect them from illness caused by witnessing the patient’s death or medical crisis from a negligently untreated condition.
Related pages
Psychological injury questions
If your question is not answered here, call and Dr Pradhan will advise on scope and timescale.
Call 0121 752 6065Does the claimant need a psychiatric diagnosis?
Not for every part of the claim, but it matters. The report says whether the claimant has a recognised psychiatric disorder or distress short of one, and how severe it is, because that affects how the injury is valued.
The claimant had mental health problems before the treatment. Can they still claim?
Yes. The report separates the earlier history from the harm caused by the negligence, and explains whether the negligence caused a new condition, made an existing one worse, or brought forward something that would have happened anyway.
Does Dr Pradhan assess birth trauma?
Yes. She assesses PTSD, depression and fear of childbirth after negligent obstetric care, and the effect on the claimant’s relationships, parenting and plans for future pregnancies.
Can a relative who saw what happened claim for psychiatric injury?
Only in narrow circumstances after the Supreme Court’s decision in Paul. Whether a claim lies is a legal question; where one does, the report addresses the relative’s diagnosis and its cause.
How quickly can a report be delivered?
Usually 1–2 weeks from assessment, and urgent reports can often be provided in 2–5 working days where the papers and appointment can be arranged promptly.
Instruct Dr Pradhan on a psychological injury claim
Send a short outline of the treatment and the injury, 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.