Clinical Negligence in Mental Health - Key Concepts & Caselaw

Introduction

Mental health services provide critical, often live-saving care to millions of people in the UK every day. Over the past two decades, policymakers, advocacy groups and practitioners have pushed for legislative reform that modernises how treatment is delivered, especially in respect of the most severe mental health conditions.

Today, clinical decision-making emphasises multidisciplinary working between clinicians working in in-patient settings and community mental health teams. Patient autonomy is a paramount consideration for clinicians developing treatment plans.

Where does responsibility for clinical negligence lie in this context? How do principles of ‘patient autonomy’ impact upon establishing a breach of duty?

This virtual classroom seminar will outline how NHS-based mental health services are delivered, consider how the duty of care applies in multidisciplinary teams, consider where the line between patient autonomy and more assertive and restrictive approaches to care lies, and explore common types of harm that patients may suffer.

What You Will Learn

This live and interactive course will cover the following:

• An overview on the current law on clinical negligence in mental health contexts
• Identifying and discussing key caselaw in this area
• What amounts to a breach of duty?
• The use (and failure to use) risk assessments in treatment settings
• Principles of patient autonomy vs. assertive approaches to mental health treatment
• Harm: self-harm, violence to others and accidental injury
• The relationship between clinical negligence claims and claims under the HRA 1998

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.