Weightmans represented a mental health NHS Trust in successfully defending a tragic case involving the suicide of a young woman. Whilst the circumstances are devastating for all those involved, the judge found that the trust provided a reasonable level of service against a background of service pressures.
Background
Weightmans were instructed by an NHS trust to act in clinical negligence claim relating to a patient’s suicide. In this very sad case, the patient died from an intentional overdose in 2019 after being referred by her community GP for specialist mental health triage, which was completed, although the full details of the assessment of suicide risk were not included in the medical records. The patient was referred from triage for an urgent detailed mental health assessment at a hospital but sadly died before the appointment could take place. It was alleged that following triage the patient should have been assessed urgently by the mental health home treatment team instead.
Judgment
Breach of duty and causation were denied by the defendant trust on the basis that following triage a referral to the home treatment team was not mandatory. The judge accepted the factual evidence of the registered mental health nurse who triaged the patient and agreed with the defendant’s medical experts that the triage performed was adequate. The claim was therefore dismissed.
Learning
This was tragic a case in which the court concluded that there was no negligence by the trust. The appointment offered following triage was within a reasonable timeframe and the mental health nurse telephoned the patient to monitor her condition before the scheduled appointment.
The factual evidence of the mental health nurse who undertook the triage based on her notes and reflection of her usual practice was key to the judge’s finding of no liability on the part of the trust. Weightmans supported the witnesses preparing to give evidence at trial throughout the case and during the trial.
Trials are stressful and unpredictable. Whilst they are undoubtedly extremely difficult for patients and their families, they are also distressing for clinicians, and so it is essential to support factual witnesses by being sensitive to concerns they may have so that they can give evidence to the court effectively.
For more information on the clinical negligence claim, contact our mental health solicitors.
Read More
