Psychiatric injuries can follow on from a physical injury; for example, acute depression following surgery that has gone wrong or as a response to an external traumatic event, such as witnessing the sudden and expected death of a loved one.
When a psychiatric injury flows from a physical injury, the law is relatively straightforward. If you have suffered a particular injury as a result of negligent care or treatment, and as a consequence of the physical injury suffer a psychiatric injury, you will be able to claim an additional amount of compensation for any psychiatric injury, provided there is appropriate evidence to support your claim.
Where a psychiatric injury results from an external event, the law is more complex and in these types of cases the law classifies the claim into two categories: primary and secondary victims. A primary victim will almost always have a valid claim. These can include:
A secondary victim will only be able to bring a claim provided that the following three conditions are satisfied:
Claims can be brought by the spouse or dependants of persons who commit suicide whilst in psychiatric care if it can be shown that the staff failed to take all reasonable steps to prevent the person from taking his/her own life.
Vulnerable and elderly persons are entirely dependent on those looking after them whether in their own homes or institutions ensure their safety and well-being. Failings and care can lead to, amongst other things:
For these people, compensation can significantly improve their quality of life as it can provide much needed funds to aid a change of institution and private medical treatment if needed.
Our highly experienced team of specialist clinical negligence lawyers are here to assist and to advise. They will advise you comprehensively about the merits of your claim, funding and ensure that you and your family get the best possible results.
The majority of our cases are funded by way of a conditional fee agreement, more commonly known as a no win no fee agreement. This means there is no financial risk to you.
Our Medical Negligence Solicitors are backed by four decades of experience. Our legal practice and team of London Solicitors have a strong track record of achieving favourable client outcomes. For expert legal advice use our contact form or call us on 0800 437 0322 today.
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