MENTAL HEALTH LAW SOLICITORS

A Guide to Hiring a Mental Health Law Solicitor

Mental Health Law is in place to protect individuals and to ensure that treatment, detention and care is provided to patients in a safe, dignified and lawful manner. The law honours a number of acts that are in force to ensure that the most vulnerable of patients are safe and protected. Should a medical health practitioner act neglectfully or not honour their duty of care to a patient, the patient may be able to make a claim.

What is Mental Health Law?

There are a number of acts that are in place that serve to offer protection for patients suffering from mental health illnesses and to outline the acceptable levels of care that must be administered by professionals. In England and Wales, the two most prominent pieces of legislation on mental health are as follows:

The Mental Health Act 1983

The Mental Health Act makes it legal, under certain circumstances, for a patient to be treated, detained and cared for because of mental health issues, without their prior consent. This is to protect the health and safety of the patient and the wider public if necessary. This Act was revised in 2007 and further developed by the Health and Social Care Act 2012.

The Mental Capacity Act 2005

The Mental Capacity Act governs the decision-making process on behalf of people who lack the mental capacity to make their own decisions. This could be a temporary lack of capacity, such as a person being unconscious following an accident. Or a permanent disability that affects a person's ability to understand, process and make certain decisions.

What Type of Cases do Mental Health Solicitors Deal With?

There are several reasons for a person to require the services and assistance of a mental health solicitor. Sometimes the patient directly contacts the solicitor and on other occasions, the solicitor's advice is sought by a family member or a healthcare provider. Some of the most common reasons for a mental health solicitor to be contacted include:

• Detention disputes
• Misdiagnosis claims
• Wrong treatment plans and incorrect prescriptions
• Guardianship
• Treatment concerns
• Abuse and malpractice
• Nearest Relative Powers
• Habeas Corpus cases - where detainees or loved ones believe there is a case of unlawful imprisonment
• Aftercare concerns that lead to further complications
• Prisoner treatment

For cases that the solicitor believes are just, the process will begin in gathering information and evidence in support of moving a case forward. A mental health law solicitor will guide their client through the procedures for making a claim against a medical practitioner and explain how a mental health tribunal works. At the tribunal, the case will be assessed in full, with evidence and explanations from both sides. The court will then determine the level of fault or non-observance of duty of care and award compensation where necessary.

A mental health solicitor will also be able to help their client manage expectations by discussing previous cases and detailing the potential outcomes. This means that the client will feel in control and understand each step of the process. For clients who are not able to act independently, the solicitor will help family members or loved ones to understand the ways in which they can legally manage a case on behalf of a patient, with focus on the patient's best interests. For those who are seeking to manage the estates, affairs or medical treatments of an individual who is incapacitated and unable to make such decisions alone, the solicitor can help to apply for the relevant authority for another to act on their behalf.

Any court case that might follow on will maintain focus on the welfare and wellbeing of the patient at all times. The court, along with specialised solicitors will recognise the vulnerability and emotive nature of such cases, and they will aim to act with discretion, patience and empathy throughout all processes.

How Do I Choose a Mental Health Law Solicitor?

It is important to choose a mental health law solicitor who demonstrates a strong understanding of your case and who can work with professional sensitivity. Mental health law solicitors recognise that this field of law is complex and emotive and as such, will work with empathetic patience to guide clients through processes and claims whilst minimising further distress and ensuring a thorough understanding at all times.

Many solicitors will offer a free initial consultation to new clients to allow the opportunity for both parties to assess the case and required services. This is the ideal time to evaluate the fees and offerings of the solicitor in order to make a comparison between other local firms. Upon meeting with the solicitor for the first time, it is wise to ask the following:

• Is the solicitor experienced in similar cases?
• How successful has the solicitor been in similar cases?
• How long is the case likely to take to complete?
• What is the expected outcome?
• How much will the advice and services cost?
• How and when are fees due?
• Is the solicitor accredited?