Mental health claims

Mental health claims

For finding answers and getting justice

Our mental health and wellbeing are an important factors in our daily lives. Some of us will suffer from depression, anxiety or another diagnosed disorder. Some of us will take medication or have regular therapy to help with our mental health and others of us will not suffer at all.

When medical negligence happens, our mental health can be severely impacted, which can leave patients coping with new or intensified mental health challenges.

If you're facing the aftermath of a misdiagnosis, improper treatment or any other form of medical oversight, it's essential to know that you're not alone. Switalskis can help you make a mental health negligence claim, allowing you to receive compensation to aid your recovery after the trauma you’ve experienced.

Our dedicated team of medical negligence specialists is here to stand by your side, offering guidance, understanding, and expertise to help you seek answers and compensation you deserve. If you believe your mental health has been compromised due to medical negligence, take that vital first step with Switalskis.

Give us a call on 0800 1380 458 , or contact us through the website to learn more about how we can support you throughout the mental health claims process.

If you need advice on any aspect of mental health claims, get in touch with us today. Call us on 0800 1380 458, or contact us through our website for a free, no-obligation consultation.

How Switalskis can help you

Navigating the complexities of a mental health negligence claim can be overwhelming, especially when you're already dealing with emotional and challenges. At Switalskis, we're committed to helping you to carry that burden.

Here's what you can expect from working with Switalskis:

  • Our team of dedicated legal experts specialises in mental health negligence claims, so you can trust that you're being supported by professionals who truly understand your situation. We’ll use this expertise to put together a robust claim for you, based on all of the available evidence, and our own strong knowledge of mental health injury.
  • We’ll take the time to genuinely listen and grasp the full scope of your experience. This isn't just about legalities; it's about understanding your circumstances, your struggles, and your aspirations for the future.
  • We prioritise compassion and empathy in every interaction and will make sure to support you as a person, not just as another client.
  • We offer a range of funding options, including no win, no fee claims, meaning you’ll be able to pursue justice without having to worry about the financial side of things.

We have years of experience handling all sorts of mental health claims and have a well-earned reputation for excellence in this field. Our team includes legal experts accredited by the Law Society and AvMA (Action Against Medical Accidents , so you can feel confident in putting your full trust in us.

Whether you're seeking compensation for misdiagnosis, incorrect treatment or an injury that has been caused as a result of witnessing a catastrophic event related to medical negligence, Switalskis will champion your rights and guide you towards a brighter, more secure future.

Read what our clients had to say about the help they received from Switalskis

How can medical negligence affect your mental health?

Medical negligence can have a significant impact on a person’s mental as well as physical health.

  • The physical impact of medical negligence can cause mental health challenges. Dealing with prolonged pain, disability, or the aftermath of an injury can lead to anxiety, depression and even post-traumatic stress disorder (PTSD). This is especially impactful if the person is left with a permanent condition due to negligence.
  • People who experience negligence can develop feelings of betrayal and mistrust, not just towards the practitioner or the NHS Trust responsible for failure, but sometimes towards the entire medical system.
  • Medical negligence can create financial burdens, due to additional medical treatment, loss of income due to an inability to work, or costs associated with therapy and rehabilitation. This can impact a person’s mental health in various ways.
  • The effects of medical negligence can also put a strain on interpersonal relationships, as loved ones may struggle to understand or know how to support the affected person. This can lead to social isolation, feelings of embarrassment, or guilt for burdening others.

These significant consequences underline why it’s so important for people affected by medical negligence to be able to access mental health compensation to assist with their mental health, as this can aid their recovery.

Who is eligible to make a mental health negligence claim?

The consequences of a medical negligence claim are potentially far-reaching. As such, any of the following groups might wish to seek compensation for mental health:

Patients directly affected

The most direct claimants are those who have personally experienced an injury asa a result of medical negligence. This could be due to misdiagnosis, delayed diagnosis, incorrect treatment, or any other form of care that falls below the expected standard.

Family members claiming on behalf of someone who has died

In tragic circumstances where negligence leads to a patient's death, the family or an individual may wish to bring a claim on behalf of the deceased’s estate. This is especially relevant if the death was a result of inadequate mental health care or treatment.

Parents making claims for children

If a child (someone under 18) has experienced negligence, a parent or legal guardian can make a claim on their behalf.

People claiming on behalf of vulnerable adults

For adults who lack the mental capacity to make a claim themselves, a representative can step in. This might be a family member, a legal guardian, or an appointed advocate.

Eligibility will depend on proving two key elements: first, that there was a breach in the duty of care owed to you by medical professionals; second, that this breach directly resulted in harm or worsening of your mental health. Given the sensitive nature of mental health claims, it's always recommended that you consult with a legal professional who can advise you on whether you’re eligible to make a claim.

What kind of psychological injuries can I claim for?

The trauma of medical negligence can cause several different mental health conditions, any of which might be seen as grounds for a mental health compensation payout. This includes the following examples:

Post-traumatic stress disorder (PTSD)

Often arising after witnessing or experiencing a traumatic event, PTSD can result in flashbacks, nightmares, sleep deprivation, severe anxiety and uncontrollable thoughts about the event. Medical negligence, especially in intense environments like surgeries or emergency departments, can trigger such reactions.


A persistent feeling of sadness, loss of interest, and a lack of motivation can indicate depression. Negligence, such as misdiagnosis or inappropriate treatment, can trigger depressive episodes or make them worse.

Anxiety disorders

These encompass a range of conditions, from panic attacks to anxiety disorders. Experiencing medical negligence can heighten anxiety levels, leading to physical symptoms and reduced quality of life.

Adjustment disorders

When a person struggles to cope with a stressful event or change in their life, they might develop an adjustment disorder. In the context of medical negligence, this could arise from a sudden health decline due to negligence or a drastic change in treatment.

Phobic disorders

Specific traumas in a medical setting - such as a surgery that’s gone wrong or an invasive procedure without proper informed consent - can lead to phobias related to medical environments or treatments.

Somatic symptom disorder

This causes people to experience physical symptoms, such as pain or fatigue, that have no identifiable physical cause but are linked to emotional distress.

Acute stress reaction

This is an immediate and severe reaction to a traumatic event, often subsiding within a few weeks. However, if not addressed, this can evolve into PTSD.

Grief and bereavement

In the tragic event that negligence leads to the death of a loved one, family members might experience deep grief, which can evolve into a clinical condition if not addressed.

Every person's experience is unique, and the impact of medical negligence can vary widely based on their personal histories and circumstances. If you believe you've suffered psychologically due to medical negligence, it's essential to seek legal advice to see if you have grounds to claim mental health compensation.

What is the process for mental health claims?

Starting a mental health negligence claim can be emotionally taxing, but at Switalskis, we aim to streamline the process and make sure you feel supported at every juncture. Here's a comprehensive overview of what the mental health claims process involves:

Step 1: Initial consultation

Reach out to Switalskis for a free, no obligation initial consultation. During this meeting, we’ll listen to your story, understand your concerns and explain whether we think you have a strong case. If we decide to proceed, we can then discuss the next steps and the available funding options.

Step 2: Establishing your claim

We’ll gather all the relevant information we need to build your case. This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We will take a detailed witness statement to tell your version of events. We may arrange for you to be assessed by an independent medical expert to provide an unbiased view of your injuries and future prognosis. The aim will be to prove that the negligence was responsible for your injury and consider the potential value of the claim.

Step 3: Notifying the defendant

Once we have supportive evidence, we’ll send a letter of claim to the doctor and/or hospital involved. This will outline details of the claim and state allegations regarding the negligent treatment.

Step 4: Defendant response

The defendant will then have four months to investigate the allegations made against them and respond to the letter of claim in a letter of response. This letter will include whether the defendant accepts they are at fault, which is called an admission of liability. If they do not accept fault, they will state this in the letter and this is called a denial of liability. We will advise you of the next steps at this stage.

Step 5: Settlement and compensation

If the defendant or medical practice has admitted fault, negotiations can start. Our surgery negligence solicitors will negotiate on your behalf, using our expertise and experience to secure the highest possible compensation amount for you. At this stage, we will discuss how much compensation you may receive. This will be calculated to cover the pain and suffering caused by the negligence, as well as any financial losses or expenses you’ve experienced as a result.

Step 6: Court proceedings (where necessary)

Most claims will be settled through negotiation, without needing to go to court. In the rare instances where the case does go to trial, you can trust us to represent you throughout the process.

Throughout this journey, our commitment is to maintain open communication, keep you updated and offer guidance. Our dedicated team at Switalskis is determined to make the process as seamless and stress-free as possible.

Is there a time limit for mental health compensation claims?

Understanding the time constraints for mental health compensation claims is vital. Generally, there's a three-year time limit for making a medical negligence claim, starting from the date the negligence happened, or when you first became aware of it. This is known as the limitation period.

However, mental health claims can sometimes be more complex, and there are exceptions to this rule in some cases:

  • Children: if the person affected by the negligence is under 18, the three-year time limit doesn't start until their 18th birthday. If a parent or guardian wishes to claim on behalf of the minor, they can do so at any time before the child turns 18.
  • Mental capacity: for people who lack the mental capacity to make a claim themselves, there's no fixed time limit. This means a claim can be made on their behalf at any time. If they regain mental capacity, the standard three-year rule applies from the date when their capacity returns.
  • Fatal: if negligence has led to the death of a loved one, the family has three years from the date of death or the date of the post-mortem results to make a claim.

It's always advisable to seek legal advice as soon as you suspect negligence. The sooner you start the process, the easier it is to gather evidence and build a strong case.

How much could my mental health compensation payout be worth?

It's challenging to provide a definitive figure for mental health compensation claims without knowing the specifics of your case, as there are several factors can influence the amount you might receive:

  • The severity of the psychological injury, and whether this may be long-lasting
  • The impact on your daily life, especially if your mental health issues have significantly affected your ability to carry out daily tasks, maintain relationships, or enjoy hobbies and leisure activities
  • Any loss of earnings due to time taken off work, the inability to work or the impact on your future earning capacity
  • Any costs you've experienced for therapy, counselling or psychiatric treatment due to the negligence, both in the past and projected future costs
  • The cost of any additional care or support you’ve received from professionals or family members due to your mental health condition

At Switalskis, we understand that no amount of money can truly compensate for the emotional and distress caused by medical negligence. However, a compensation payout can provide the financial support needed to access the best possible care and therapy, helping you move forward.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.

Our mental health claims specialists

Photo of Suzanne Munroe
Suzanne MunroeDirector and Solicitor
Photo of Sarah Walker
Sarah WalkerDirector and Solicitor
Photo of Charlotte Reeves
Charlotte ReevesDirector and Solicitor
Photo of Kay Barnes
Kay BarnesDirector and Solicitor
Photo of David Thomas
David ThomasDirector and Chartered Legal Executive
View more

How are mental health claims funded?

Navigating the financial aspects of a mental health negligence claim can be daunting, but Switalskis is here to simplify the process for you. We offer a range of funding options to make sure you’re never prevented from making a claim due to financial concerns.

No win, no fee agreements

Also known as conditional fee agreements: this is the most common way to fund mental health negligence claims, and means that if your claim isn't successful, you won't have to pay any legal fees. If you win, a pre-agreed portion of your compensation will cover the legal costs. This arrangement minimises the financial risk to you.

Legal Aid

In some cases, Legal Aid may be available to fund mental health negligence claims, especially if the claim involves a minor. Switalskis can guide you through the application process and help determine your eligibility.

Legal expenses insurance

Some people have legal expenses insurance as part of their home or car insurance policies. This insurance might cover the costs of making a claim. It's worth checking your insurance documents or speaking with your insurer to see if you have this coverage.

Trade union funding

If you're a member of a trade union, it might offer financial support for legal claims, including those related to mental health negligence. Contact your union representative to explore this option.

Charities and support groups

Some support organisations offer financial assistance or guidance on funding legal claims. While they might not cover all the costs, they can be a valuable resource in your journey.

At Switalskis, we believe that everyone should have access to justice, regardless of their financial situation. We'll discuss all the available funding options with you, and help you choose the one that best suits your circumstances.

How long do mental health negligence claims take?

The duration of a mental health negligence claim can vary significantly based on individual circumstances. On average, straightforward cases might take between 18 to 24 months to resolve. However, more complex cases can extend beyond this timeframe.

Here are the factors that might influence the duration of the claims process:

The complexity of the case

Problematic cases, where the negligence and its impact are harder to establish, can take longer to resolve.

The severity of your condition

Claims involving severe harm might need extensive expert evaluations, potentially lengthening the process.

Availability of evidence

If medical records, expert testimonies or other vital evidence are readily available, the process will be much quicker.

The defendant's response

The speed at which the defendant responds, and whether they accept liability, will influence the timeline.

The negotiation period

Some cases are settled out of court through negotiations, which is usually quicker than a trial. However, if both parties don't reach an agreement, the claim might proceed to court, which will make it take longer to resolve.

Court timelines

If the case goes to court, the court's schedule and availability can impact how long the claim takes.

At Switalskis, we're committed to progressing your claim efficiently while making sure that every detail is meticulously addressed. While we understand the desire for a quick resolution, the most important priority should be to address all aspects of the claim, so that you can get the maximum compensation payout for the  mental health negligence you experienced.

Our priority is to achieve the best possible outcome for you, even if it means investing more time in building a robust case.

Why Switalskis?

Navigating the aftermath of medical negligence can be an overwhelming journey. The emotional toll it takes is immense, and the impact is often significant. That’s why Switalskis is dedicated to providing compassionate legal guidance through these challenging and uncertain times.

Clarity in complexity

Mental health claims can appear daunting, but with Switalskis by your side, it becomes a lot more manageable. We're dedicated to breaking down the complex legal jargon into understandable terms. Our aim is to answer all of your questions, simplify the process, and make sure you're kept in the loop at every stage.

Empathy at every step

Every person's experience with a negligence claim is unique, and we take the time to truly understand your situation. We're here to listen to your concerns, making sure our advice caters to both your emotional wellbeing and legal needs. To us, you're not just another case; you're a person going through a difficult period, and we're committed to offering the support you need to get through it.

Expertise you can trust

When dealing with something as sensitive as a mental health negligence claim, you need assurance that you're in the best hands. Our team specialises in complex claims, and we boast a combination of extensive experience and a remarkable success rate in handling claims like yours. We're unwavering in our commitment to championing your rights, making sure we get the best possible outcome for you and your family.

Championing your rights

We're passionate about upholding your rights and making sure your voice is heard. Our goal is not only to help you secure the compensation you deserve, but also to hold those responsible to account. Through your claim, we aim to bring about change, making sure others don't have to go through the same experiences.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

If you believe that you or a loved one have been a victim of medical negligence that has impacted their mental health, it's essential to take that first step towards seeking the justice you deserve. Switalskis is here to guide you through the process, offering expert advice, emotional support and best-in-class legal representation.

Contact Switalskis today by calling 0800 1380 458 , or get in touch with us through the website to discuss your concerns confidentially with a legal specialist in mental health negligence claims.

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