Failure To Prevent Suicide Claims

Failure To Prevent Suicide Compensation

Having lost a loved one is an extremely difficult experience and especially a suicide or suicide attempt that was preventable and due to insufficient mental health support and care is hard to cope with. It is a tragedy that leaves family members and friends in hardship. An option could therefore me to claim compensation with the help of an experienced and supportive solicitor.

What can lead to a preventable suicide?

Our team of trained medical negligence solicitors can help today.

If someone seeks mental health support in a very difficult personal time, it can be expected that everything will be done to help them cope and protect them from taking their own life if that is possible. Common problems that can lead to a failure to prevent a suicide are the following:

Misdiagnosis of mental health problem or illnesses
Early signs and risk factors have been ignored or not detected such as a request for help
The patient was not referred to an institution or other supervision arrangements were not put in place when the patient was at risk of suicide or if so, was then incorrectly discharged
The patient was allowed to access materials, objects or substances to their detriment
The patient’s family was not appropriate informed about the processes
Failure to supply necessary and appropriate treatment, medication and after treatment

If any of these things occur at any time of a patient being in mental health care, whether voluntary or involuntary or even without a formal diagnosis at all, an experienced solicitor should be contacted to ensure a through further investigation. This can also be an option if the patient was denied treatment altogether. A claim will then be brought against those responsible.

Who can make a claim?

The preventable death of a loved one can have devastating consequences for a range of people. In Scotland, the following people are entitled to a claim under the Damages (Scotland) Act 2011:

Spouses, civil partners cohabitants (unmarried partner under certain conditions)
Parents and children, including step-parents and children
Siblings, half siblings and those brought up in the same household
Grandparents and grandchildren (including step-grandparents/grandchildren).

What can be claimed for?

The amount that can be claimed as compensation always depends on the individual case. An experienced solicitor will be able to asses and makes estimate of what can be claimed for. Generally, it can be taken into account if the people entitled to claim have experienced the following:

Emotional distress and anxiety, grief and sorrow, and loss of guidance
Loss of financial support
Expenses for the deceased funeral.

Another options in for the executor of the deceased’s estate to make a claim in the deceased’s name for the negligent treatment they have suffered from. An experienced solicitor will know if this is possible in the individual case and who the appointed executor is.

Lastly, it is important to know that there is a three-year time limit for claiming compensation starting with the death of the deceased or the time it was discovered that the suicide was preventable.

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