When duty of care fails: Facing the reality of psychiatric suicide
Ever wondered what really happens when the duty of care in mental health falls short? Here we look into the realities faced by patients and families when psychiatric care doesn’t meet the mark, exploring the responsibilities of healthcare professionals, the warning signs of negligence, and what legal options exist when tragedy strikes.
If you want to understand how proper care can save lives and what goes wrong when it doesn’t, read on.
What Is Duty of Care?
In simplest terms, defining duty of care is when a person or organisation has a responsibility to look after you. In a healthcare setting, that duty of care is in effect whenever a medical professional, hospital, or healthcare provider gives treatment or advice to a patient.
If the care provided isn’t up to standard and results in an injury, or an unnecessary and preventable death, this may constitute medical negligence.
What Is Duty of Care in Mental Health?
Duty of care in mental health is particularly important due to the vulnerability of psychiatric patients. Hospitals and mental health professionals must take extra care when assessing, treating, and discharging patients who may be at risk of self-harm or suicide. This duty extends beyond inpatient treatment. Hospitals and clinicians must ensure discharge decisions are clinically safe and supported by appropriate follow-up care.
Shine Lawyers’ medical law team has noticed a concerning rise in the number of families left devastated by the deaths of their loved ones by suicide as a result of the failings of healthcare providers and professionals.
We have acted for a number of families who have lost loved ones due to negligent mental health care and will continue to lobby for change to ensure patients receive the treatment they deserve.
Who Owes a Duty of Care in Mental Health Settings?
A duty of care in mental health settings may be owed by:
Public and private hospitals
Mental health units and psychiatric facilities
Psychiatrists, doctors, nurses, and allied health professionals
Legal and Ethical Responsibilities of Mental Health Professionals
Mental health professionals have both legal and ethical responsibilities to protect patients from foreseeable harm. These responsibilities include:
Conducting thorough suicide risk assessments
Accurately documenting psychiatric symptoms and risk indicators
Responding appropriately to expressions of suicidal ideation
Considering concerns raised by family members and carers
Prioritising patient safety in treatment and discharge decisions
Duty of Care in Mental Health Treatment
Mental health treatment must go further than simply diagnosis. A proper standard of care involves ongoing assessment, monitoring, and communication so that adjustments can be made to treatment plans effectively.
A recent study by the Australian Institute of Health and Welfare found that around half of those who take their life by suicide come into contact with the health system during their final year of life, highlighting the importance of proper care being provided to people battling mental health conditions. Where care is rushed, fragmented, or poorly coordinated, opportunities to prevent suicide may be missed.
When Duty of Care Fails in Mental Health Care
Common Failures and warning signs that were missed
Inadequate or incomplete suicide risk assessments
Dismissing or minimising suicidal thoughts or plans
Ignoring family reports of worsening mental health
Failing to offer a psychiatric admission (or enforce an involuntary psychiatric admission), to someone is who is at risk of self-harm, or harming others.
Insufficient monitoring of high-risk patients
Premature hospital discharge without a clear safety plan
Poor communication between inpatient and community mental health services
Poor hospital layout, which enables someone to attempt suicide while in hospital, or to abscond from hospital.
When these failures occur, they may give rise to psychiatric medical negligence and, in tragic cases, result in preventable loss of life.
Legal Consequences of Failing a Duty of Care
Medical Negligence Claims in Mental Health
A medical negligence claim involving mental health care may arise when it can be shown that:
A duty of care was owed by the healthcare provider
That duty was breached because the care fell below accepted professional standards
The breach caused harm, including injury or death
In suicide-related claims, the legal focus is often on whether safer treatment, closer monitoring, or admission to a psychiatric unit would likely have prevented the outcome.
Compensation and Accountability
Compensation for mental health negligence cannot reverse loss, but it can help families manage financial hardship, acknowledge the harm caused, and hold healthcare providers accountable. Legal claims also play an important role in improving psychiatric care standards and preventing future harm.
How Shine Lawyers Can Help
Shine Lawyers has extensive experience acting in mental health medical negligence claims, including cases involving suicide following poor psychiatric treatment or premature discharge from hospital. Our medical negligence lawyers understand the complexity of these claims and approach every case with compassion and care.
If you or somebody you know has lost a loved one to suicide because of negligent psychiatric care, contact us to arrange an obligation-free appointment. Our medical law cases are run on a No Win No Fee* basis.
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