Posted: 06/03/2023
When claiming for negligent surgery, the reason is usually a physical injury that makes an individual aware that the operation has not gone as planned. This could lead to the claimant requiring additional surgical procedures or increased recovery time, or, in some cases, leave them trying to adapt to a life-changing injury. However, it is also important to consider whether a psychiatric injury has been caused, to ensure any financial damages will meet the individual’s needs and fully compensate them for their physical and psychological injuries.
Psychiatric injury is something people often find difficult to talk about, despite the fact that after a traumatic event, it is very common. Surgical negligence can be very distressing to come to terms with, especially if it has future consequences for your physical health and your usual day to day life. The guidance used to quantify physical injuries takes into account an element of distress caused by physical harm; however, once symptoms reach the threshold for a clinical diagnosis, a psychiatric injury can be valued in its own right as part of the claim.
Psychiatric injuries are explored in the same way as physical injuries. Your solicitor will consider this with you, and review your medical records, as well as the expert evidence obtained on your physical injuries, in order to gauge whether there is a need to obtain specialist evidence on any psychological symptoms. Experts commenting on physical injuries will recommend that a psychiatrist is asked to report if they have concerns. It is important to have a good level of trust with your legal team in order to feel safe in openly discussing any symptoms or concerns without fear of judgement or dismissal.
Psychological symptoms can develop over time after negligence and have the potential to go unnoticed and untreated if the level of physical treatment has reduced or concluded, and patients do not know they need additional support, or how to access it. If you have not previously sought help for symptoms, a witness statement may be suggested by your legal team to accurately record symptoms that may not appear in your medical records.
If psychiatric injury is a potential element of the case, your legal team will arrange an appointment with an expert psychiatrist, who will hold a consultation with you before preparing a report for use as evidence in the claim. This report will explore your symptoms and provide a diagnosis. If a psychiatric injury is ongoing, then the expert will also recommend treatment to address the symptoms, the cost of which can be included as part of the claim.
Laura Hanvey, associate (FCILEx) in Penningtons Manches Cooper’s clinical negligence team, comments: “It is important to look at the impact of negligence as a whole and not purely focus on the obvious physical impact of a surgical error. To do so would result in a claim potentially being undervalued in terms of the appropriate compensation for the injuries caused. A psychiatric injury is no less important than a physical injury and needs to be properly addressed within the claim for an individual to feel a complete resolution has been obtained if their case is successful.
“Ignoring a psychiatric injury can also have a detrimental impact on the claimant in the long term. Exploring such injuries with expert evidence not only gives us a complete picture of the injuries sustained and their impact, but also allows the opportunity for such injuries to be addressed, and the symptoms improved or resolved with recommended treatment. This can have life-changing results for the claimant.
“Although mental health awareness has come a long way over recent years, individuals can find it a difficult subject to raise. As a team, we take pride in our sensitive approach to helping clients overcome any worries about discussing their mental health in order to achieve the best outcome for their case and, we hope, their own psychological healing in the long term.”
The clinical negligence team at Penningtons Manches Cooper is well practised in discussing the sensitive and personal aspects of a claim and finding compassionate, experienced experts to comment on any potential psychiatric injury. For more information, call 0800 328 9545 or contact us here.
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Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.
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