Failure to prevent suicide refers to a failure by an organisation or individual to take appropriate measures to prevent a person who intends to take their own life (ideation).

Any suicide is a truly devastating tragedy that leaves behind a huge emotional trauma for those affected, and often many questions. In some cases, however, dealing with a loved one's suicide can be particularly difficult for the family and friends who are left behind if they believe that it could have been prevented with proper medical care.

Suicide is never a black and white issue, but there are some cases by which the victim displayed clear signs of distress in the presence of mental health professionals or was hospitalised due to suicidal thoughts. In cases like these, where the victim is under the care of mental health professionals or is known to be at risk of taking their own life, there should be no way for suicide to occur.

Medical professionals have a duty of care that requires them to take reasonable steps to prevent suicide wherever possible, and though sometimes this is not always possible, if you have lost a loved one due to substandard mental health care or negligence from a medical professional, you may wish to discuss your case with our team of expert clinical negligence solicitors, who can help you to make a suicide claim and give you advice and support through the inquest process.

At Forbes, our expert team of solicitors can provide legal advice and support for families dealing with the aftermath of preventable suicide where there is a:

• Failure to identify and react quickly to signs of distress or requests for help that lead to suicide

• Misdiagnosis of mental health illnesses that lead to suicide

• Failure to refer or make supervision arrangements for an individual that is considered 'at-risk' and prevent suicide

• Allowing an individual that is considered 'at-risk' access to materials that may harm them and lead to suicide

• Discharging 'at risk' individuals from hospital before the treatment is complete leading to suicide

• Failure to ensure appropriate treatment or medication that prevents suicide.

At Forbes solicitors, we know how much the suicide of a loved one can affect the families and friends, and our team of friendly solicitors are there for our clients at every step of the journey. We understand that you want answers as to why your loved one didn't receive the adequate care to prevent the suicide, and we are on hand to advise and support you throughout the process.

A fatal claim, on behalf of a widower where a 63-year-old deceased committed suicide whilst at Leeds General Infirmary. He was admitted into hospital having stabbed himself 9 times. There was inadequate assessment of his mental health by the ALPS team and he was left in a room where he was able to lock the door. There was no adequate risk assessment. He died from asphyxiation after delays in resuscitation because the room was locked from the inside.

A risk assessment must now include an assessment of the physical environment of the room space. Preventing access in the emergency situation that ensued. There was no admission or full assessment under the Mental Health Act despite the clear concerns voiced by the family and escalating suicidal behaviour.

A claim was brought by his wife for statutory bereavement and future loss of earnings, pension and care. The hospital provided an apology and implemented several changes after the tragic death.

The Claimant in this instance was the widower and executor of their spouse and had been significantly let down by Lancashire and South Cumbria NHS Foundation Trust when their spouse committed suicide at aged 49.

The Claimant’s spouse had been referred urgently by their GP to the Crisis Resolution and Home Treatment Team (CRHTT) in March 2018 following disclosure that they had taken a small overdose of Diazepam the previous night and experiencing low mood for some time. A hospital admission was deemed necessary.

After numerous hospital admissions and discharges, there was a clear picture of deterioration, escalation of paranoia in relation to the family, health professionals and others and multiple concerns expressed about the mental state of the deceased. The Claimant alleged that it was a breach of duty not to recognise the decline and provide an appropriate course of action within a reasonable timeframe and that their spouse should have been admitted to a psychiatric ward under the Mental Health Act, given that they were displaying evidence of severe depression and psychotic symptoms.

As previous admissions had resulted in an improved mental state, it is likely that their mental state would have improved, and they would not have taken their own life. The Claimant was not given the tools to help their spouse and had to give up work in order to look after them. Consequentially, they lost their life partner, and a claim was made for bereavement damages and for loss of earnings, pension (income) and services.

An apology was received from the Trust and the Claimant was compensated to reflect the monetary loss, pain and suffering and close ties of love and affection  in the sum of £225,000. The case was settled at a joint settlement meeting and without the need for trial.