Circumstances of claim
Our client suffered from psychiatric problems. He was admitted to a psychiatric hospital. While an inpatient there he attempted suicide by cutting his wrists. Later, on the same date he committed suicide by hanging. Our client’s father submitted a claim against the health authority responsible for the hospital.
How we helped
We advised our client’s father that he had two options to claim against the health authority:
- For medical negligence on the basis of:
- The staff in the hospital failing to properly monitor Andrew to minimise the risk of suicide; and
- Failure to remove ligature points in the hospital to avoid the risk of suicide by hanging.
- To claim under the Human Rights Act of 1998 on the basis that the failure to prevent Andrew committing suicide was a breach of his right to life in terms of Article 2 of the European Convention on Human Rights.
We intimated a claim to the health authority. We made enquiries with the Police, Health and Safety Executive and Procurator Fiscal concerning their enquiries into the suicide. We requested a Fatal Accident Inquiry. We instructed expert reports. We raised court proceedings. At a late stage in the proceedings, the health authority accepted liability and settled the claim awarding £145,000 in damages. The case, for our client’s father, wasn’t all about money. He wanted to pursue the claim in the hope that:
- The health authority would accept responsibility – this was psychologically important; and
- To try and avoid similar suicides in the future.
