Explains what clinical negligence is, how to make a complaint about clinical negligence and where to find more information and support.
If you've been injured because of negligent medical treatment, this is called clinical negligence, and you may be able to get compensation for it.
Examples of clinical negligence include:
If you're a carer or family member, you might also be able to make a legal claim on behalf of someone who has experienced clinical negligence.
To prove negligence, you need to show that:
Josh was transferred from his child and adolescent mental health services (CAMHS) psychiatrist to an adult psychiatrist in the community. He told his new psychiatrist that he was suicidal and it was agreed that he would be given a treatment plan. However, the psychiatrist sent Josh a letter saying he was being discharged from the service without a treatment plan.
Because of this, Josh tried to take his own life. He was then detained under the Mental Health Act and had to delay his plans to study.
In this case, it was found that the psychiatrist's failure to take care of Josh was clinical negligence.
If you're detained under the Mental Health Act (or 'sectioned'), it can be more difficult to prove clinical negligence because the law allows you to be given treatment without consent. See our page on consenting to treatment for more information.
See our pages on sectioning for more information about being detained under the Mental Health Act.
Being 'sectioned' means that you are kept in hospital under the Mental Health Act. There are different types of sections, each with different rules to keep you in hospital. The length of time that you can be kept in hospital depends on which section you are detained under.
See our pages on sectioning for more information.See our full list of legal terms.
This is a law that applies to England and Wales which allows people to be detained in hospital (sectioned) if they have a mental health disorder and need treatment. You can only be kept in hospital if certain conditions are met.
See our pages on the Mental Health Act for more information.See our full list of legal terms.
This information was published in November 2018. We will revise it in 2021.
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