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Clinical Negligence Claims

Can Medical Staff Be Held Accountable For A Suicide?

Medical staff are bound by a duty of care to do their utmost to ensure a patient’s well being and to offer them the best medical care they can. The press often reports cases of patients who have contracted further illness as the result of misdiagnosis, being prescribed the wrong drugs or botched surgical procedures. In these cases, it is relatively easy to see where the blame lies and the Law allows victims or their families to seek financial redress for the event. However, when an illness is not quite so obvious, as in the case of mental health problems, and the patient goes on to commit suicide, can medical staff still be held accountable?

Assessing The Situation

If a person presents a danger to themselves or to others around them, it is possible to have them ‘sectioned’. Initially, this means talking to that person’s GP to discuss the issues at hand. The GP’s job is to assess the situation and decide which options are available and which course of action to pursue. It may be that the GP orders a hospital referral so that the sufferer can be more acutely assessed and diagnosed. They may be offered treatment on a voluntary basis rather than being detained against their will, as is the case with sectioning.

However, if the GP or medical staff at the hospital fail to recognise symptoms of a particular mental illness and either prescribe the wrong treatment or allow the patient to leave without offering any treatment at all, then they are failing to uphold their duty of care. As such, they may then be liable for a medical negligence claim if the patient goes on to commit suicide. Alternatively, there are many cases in which people have been prescribed drugs that have lead to suicidal tendencies.

Burden Of Proof

As with any clinical negligence claim, the burden of proof lies on the claimant. They must prove beyond reasonable doubt that the suicide has occurred as the direct result of medical staff failing to uphold their duty of care. For the claimant, this can be a difficult process, although not impossible. In order to successfully launch a case, they must produce as much evidence as possible that the victim’s symptoms were such that they should not have been allowed to continue about their daily life without the correct treatment or intervention of some sort.

Anyone who has lost a relative to suicide and believes that the responsibility for their death lies in the hands of medical staff should first contact a personal injury solicitor. They will be able to ascertain just what the potential is for a claim. If it is decided to be a worthwhile undertaking, they will need access to as much evidence as possible, including the victim’s medical records.

While it may seem that a patient’s mental illness might not be obvious to all, it must be remembered that GPs and specialist medical staff are trained to recognise patterns of behaviour and distress. In the event that they make a mistake or their judgement is impaired, the results can be catastrophic and those responsible can be held accountable.

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FREE GUIDE - 7 Questions You Must Ask Before Choosing Your Medical Negligence Solicitor

If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:

• What are the costs of making a claim for compensation
• The reasons you should or should not make a claim, including protecting other patients
• Whether using a solicitor or a claims company will make a difference to the success of your claim
• The questions you must ask to ensure you choose the right person to help you with your claim

Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.

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