Psychiatric evidence in mental health negligence claims
Independent opinion on whether care from mental health services fell below a reasonable standard, whether better care would have changed the outcome, and what injury followed, 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
- Judged without hindsight
When mental health care falls short
Psychiatric negligence claims concern the mental health care itself: a psychiatrist, a ward, a crisis team or a community team that missed a diagnosis, did not assess risk properly, discharged too soon, prescribed or monitored medication badly, or did not follow up. 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, and whether different care would probably have changed the outcome.
These cases often require careful separation of background vulnerability from injury caused by the alleged negligence. The patient was already unwell, so the report addresses whether the psychiatric presentation would have arisen in any event, whether negligent care materially worsened it, and how much of the present condition is due to each.
Dr Pradhan is section 12(2) approved, dual-accredited for claimant and defendant work and regularly appointed as a single joint expert.
Allegations commonly reviewed
Mental health negligence claims commonly involve:
- Missed or delayed diagnosis of psychosis, bipolar disorder or depression
- Risk assessment and management after self-harm or a crisis
- Decisions to discharge, grant leave or reduce observation
- Failure to admit, to refer or to assess under mental health legislation
- Prescribing and monitoring of psychiatric medication
- Follow-up after discharge or a missed appointment
- Communication between the ward, the community team and the GP
- Care plans, care coordination and crisis plans
- Liaison psychiatry in general hospitals and emergency departments
- Mental health care in prison
- The psychiatric injury that followed, and its prognosis
- 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 enquiryPsychiatric evidence at each stage of the claim
The psychiatric questions change as the claim moves on, and Dr Pradhan can help at each point.
Screening
A free initial screening of the allegations, to see whether the psychiatric issues are worth investigating and whether another specialty is needed.
Liability
A report on breach of duty and causation, before the letter of claim or in answer to one.
Condition and prognosis
An assessment of the claimant: the diagnosis, how much of it the negligence caused, treatment needs and prognosis.
Expert discussions
Supplementary questions, the discussion with the other side’s psychiatrist and the joint statement.
Liability evidence before proceedings
In England and Wales, the Pre-Action Protocol for the Resolution of Clinical Disputes asks the claimant’s solicitor to obtain the records and set out the allegations in a letter of claim before proceedings are issued. A liability opinion at that stage tests each allegation against the records, so that the letter of claim relies on the points that stand up.
For defendants, the same review informs the letter of response. Reports for court are structured for CPR Part 35 and Practice Direction 35. Proceedings in Scotland and Northern Ireland follow their own rules, and reports are prepared to the requirements of those courts.
Copies of the health records should be provided within 40 days of the request, and the defendant should give a reasoned letter of response within four months of the letter of claim.
Related pages
Psychiatric negligence questions
If your question is not answered here, call and Dr Pradhan will advise on scope and timescale.
Call 0121 752 6065Can Dr Pradhan review the care before the letter of claim?
Yes. A liability report on the psychiatric care can be prepared before the letter of claim, so that the allegations are framed on a firm basis. A breach-only opinion can often be given from the records; an assessment of the claimant is usually needed for the injury and the prognosis.
Does Dr Pradhan comment on GP or nursing care?
Evidence on the standard of GP or nursing care comes from an expert in that field. She gives breach opinions on psychiatric care, and can address the psychiatric aspects of care given by others and the psychiatric consequences.
The claimant was already unwell. Can negligence still have caused an injury?
Yes. The question is whether the negligent care made the illness worse or longer than it would otherwise have been. The report compares the likely course with reasonable care against what happened, and apportions where there is a rational basis to do so.
Does Dr Pradhan act for defendants?
Yes. She is dual-accredited for claimant and defendant work, so she can be instructed by solicitors acting for a healthcare provider as well as for the patient, and she is regularly appointed as a single joint expert. Her opinion is independent of the party that instructs her.
How long does a liability report take?
It depends on the volume of records. The timescale is confirmed at the outset, once the records and the allegations have been seen. Condition and prognosis reports are usually ready 1–2 weeks from assessment.
Instruct Dr Pradhan on a mental health negligence claim
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.