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  • Failure To Prevent Suicide Claims

Failure To Prevent Suicide Claims

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Any suicide is a tragedy, but it’s particularly hard for the family and friends left behind when it could’ve been prevented. If you’ve lost a loved one to suicide due to substandard mental healthcare, we can support you through the inquest process and help you claim compensation. 

If your loved one could've been stopped from taking their own life, you could make a medical negligence mental health claim. Contact our team, we’ll listen to what happened and advise you on the next steps. 

Healthcare providers have a responsibility to protect life whenever possible. Several failings can lead to a preventable suicide, including: 

  • Incorrect diagnosis of mental health illnesses 
  • Failure to identify and react to suicide risk factors, signs of distress, or requests for help 
  • Failure to make appropriate referrals or supervision arrangements for an at-risk individual 
  • Allowing a patient access to dangerous materials, objects, or drugs 
  • Incorrectly discharging patients from hospital 
  • Failure to arrange appropriate treatment or medication 
  • Failure to prepare adequate care plans or safeguarding after treatment 
  • Failure to communicate with the patient’s family 
  • Shortages of beds in inpatient settings. 

These failings can take place at different times within the treatment process. They may prevent treatment from beginning at all.  

Why choose Irwin Mitchell to support you with your claim?

Our expert medical negligence solicitors have extensive experience with preventable suicide and attempted suicide claims. We’ll treat your case with the utmost sensitivity and discretion throughout. We understand that your situation is unique, and we’ll work tirelessly to achieve the specific outcome that you want. 

Our team will investigate how and why your loved was able to take their life. We’ll then bring a claim against those responsible. We’ll work to get you an apology for their mistreatment and get you the compensation you deserve to cover any costs you’ve faced.  

We can represent you at inquests and campaign to bring about changes to make sure this doesn’t happen to other people in future.

Our experts are recognised by the leading independent legal guide, The Legal 500. They rank our medical negligence team in their highest tier, Tier 1. One former client told them: “The team at Irwin Mitchell have been exceptional to deal with. From day one they have been compassionate, understanding, and accessible.” 

With offices around the UK, our experts can arrange meetings in your nearest office or meet at another appropriate location. We can also arrange phone or video calls if this is better for you. 

Alongside our team of legal experts, our Support and Rehabilitation co-ordinators will also be here to help. They can help you find the right support, support that’ll be local to you. They’ll be with you during and after your claim. 

We also work with charities such as Mind, a leading mental health charity. They can offer you a support network and will be there to help you as you move forward with your life. 

Spotlight On Bereavement Following Suicide

Senior Associate Solicitor Ayse Ince joined by Amelia Wrighton, CEO of Suicide&Co, Rebecca Gibson ambassador for Survivors of Bereavement by Suicide (SOBS) and Counsellor for Suicide&Co and Professor David Sines for a meaningful conversation around bereavement following suicide.

In the webinar, we talked about:

  • The support and educational resources available to support those bereaved by suicide
  • Self-care, reaching out for help, and getting the emotional and practical support you need when navigating the grief journey.

Differences in Civil & Coronial Processes and How to Ensure the Best Outcome for Bereaved Families

In this webinar, Senior Associate Solicitor, Nicola Handley, was joined by Derek Winter, Deputy Chief Coroner, and Mike Rawlinson, K.C Barrister, for an interesting session about Evidence and Conclusions and the different ways they can be relied upon in the Civil and Coronial process.

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Work with Mind - the mental health charity
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Ayse Ince
Ayse Ince Senior Associate Solicitor Meet the team

Failure To Prevent Suicide Claims - More Information

When you first contact us, we’ll arrange a free initial consultation with one of our expert lawyers. During this consultation, we’ll take time to listen to what happened to your loved one. We understand a death can be difficult to discuss, but we’ll make sure you feel as comfortable as possible and won’t rush you.  

Once we know more, we’ll discuss whether we believe you can make a claim. If we do, we’ll then explain what’ll happen if you need to attend a post-mortem and/or inquest, making sure you understand everything that’s going to happen. We can also offer you initial advice about the inquest process. 

Many preventable suicide claims are funded with no win no fee agreements. We’ll make sure that you get the best funding method for your specific circumstances. Alternative funding options may be available depending on the circumstances, for example, if there’s been a Human Rights Act breach. 

Our lawyers will then collect evidence to support your claim, including medical records, documents, and the opinions of independent mental health experts. Using this evidence, we’ll come to a compensation amount that best supports your needs. 

Many preventable suicide cases we handle are settled out of court. If we can’t reach a settlement which is fair and reasonable, or the mental health professional or organisation involved denies responsibility, we’ll start court proceedings. 

Even when trial dates are set, we can still settle your claim. If your case does go to court, we’ll be there for you every step of the way.  

Our lawyers can support you in several ways if your loved one has died because of a medical negligence mental health failure. You might not only be mourning your loss, but you may also be facing financial issues. 

We can get you funds to compensate for any suffering that your loved one underwent before their death, as well as to pay for expenses following the death, such as: 

  • Funeral costs 
  • Loss of earnings 
  • Household expenses 
  • Medical expenses 
  • Loss of benefits (such as pension rights) 
  • Childcare costs 
  • Counselling services. 

To find out more about how compensation could help you and your family, contact us. 

Yes, most of our medical negligence mental health claim cases are funded with a no win no fee agreement. This means that there’s no financial risk to you when making a compensation claim. 

mental health worker chatting with client

They were always available and made time to listen when needed, answered any questions and took away a lot of the stress from a difficult situation."

Client

Frequently Asked Questions

Can you represent me at an inquest?

If your loved one died in unusual or unclear circumstances, their death will be reported to a coroner, who may decide to hold an inquest. By holding an inquest, the facts behind the death can be established. 

Sometimes, evidence comes to light during the inquest that your loved one may have died because of negligent medical treatment. If this is the case, we could help you make a compensation claim. We’ll do everything we can to get you a settlement that could provide security for you and your family. 

If you’d like our experts to represent you at an inquest, contact us as soon as you can. This gives us time to gather medical records and other evidence to put us in the strongest position to help. 

Who can make a claim?

If your loved one died because of substandard mental health care, we could help you claim compensation to support you at this difficult time. We can help you with claiming if you’re the dependent of the person who died, who can be one of the following relations: 

  • Husband/wife 
  • Former spouse (married for at least two years) 
  • Children 
  • Parents 
  • Cohabitee of over two years (living together without being married). 

To make a claim, you’ll usually have three years from the date of the negligent treatment or surgery. If the negligence wasn’t discovered until the inquest, you’ll have three years from that point to claim. For more information on timings, contact us. 

Related Information - Failure To Prevent Suicide Claims

Public Law - our Public Law & Human Rights team can help in a range of disputes over medical and social care issues
Medical Negligence Specialists - Find out more about we can help with a medical negligence claim.
Coping With Bereavement - we offer support to help with the grieving process
Wills, Estates & Probate - we can help you deal with the affairs relating to your loved one’s estate

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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