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Clinical Negligence

Psychiatric Damage

If you have suffered psychiatric damage and/or psychological effects as a result of negligent medical treatment, then you could have a clinical negligence claim and may receive compensation. Psychiatric damage is the ‘sudden appreciation of a horrifying event which violently agitates the mind’.

For a psychiatric injury claim, you can be a primary victim or a secondary victim.

A primary victim is usually involved in the traumatic event in question.

A secondary victim may not be involved in the traumatic event but they witness it.  

Examples of psychiatric and psychological injury can include where a patient was - 

  • Discharged from hospital without care plans or supervision (after being suicidal or depressed);
  • During birth – when a mother is giving birth and the baby is affected/injured as a result of negligent medical treatment;
  • Injury/Suicide while on a psychiatric unit – This can occur when the psychiatric unit fails to take into account any symptoms or risks of new patients. It can also occur when a patient is not correctly supervised.

It is common in most cases of clinical negligence for clients to experience varying degrees of trauma given the consequential effects of the treatment or care received, whatever that may be. We will address that area as part of your claim.