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In summary

Jenny's story highlights the devastating impact that mental health care can have on individuals, families and communities when concerns go unheard or support falls short.

While every experience is different, people who have suffered harm due to inadequate mental health treatment may have options to seek answers, accountability, and support through a medical negligence claim.

Content warning: this article refers to content that may be distressing for some readers, including information on suicide. If you or someone you know needs support, please call Lifeline on 13 11 14.

 

Mental health conditions affect individuals, families and communities across Australia. While awareness and understanding have improved, many people continue to face barriers when seeking appropriate treatment, support and care.

Mental health services can be stretched by workforce shortages, funding constraints, and increasing demand, creating challenges for people trying to access timely care.

We’re sharing Jenny's story to help raise awareness about mental health in the community. 

Jenny's experience seeking mental health care

Jenny’s ex-husband, David, was a well-known figure in the local community as an avid local footy player and coach.

David had a history of mental health concerns throughout his life and was diagnosed with bipolar disorder in 2019.

His mental health quickly deteriorated in the following months, so he attended multiple hospitals and outpatient care providers in Victoria seeking treatment. Jenny also contacted psychiatric services to express her concerns for his mental health.  

The public hospitals repeatedly refused to admit David for inpatient treatment, and outpatient providers dismissed his ex-wife’s concerns, as he was categorised as ‘just having bipolar’.

David experienced difficulties in accessing adequate mental health care. He tragically died of suicide in October 2019.

Jenny, their children, and the local community still mourn the loss of David. The local football club has started each football season with a minute of silence to pay their respects to David and to those struggling with mental ill-health.

Jenny feels that she and David were both let down by the system. As a counsellor, she is heartbroken that the system she works in entirely disregarded her family's concerns for David.

Jenny is now navigating her own mental health conditions, which have been tainted by her newfound disappointment and distrust in the mental health system. Shehas dedicated herself to spreading awareness about mental health and suicide in the community. She has coordinated and volunteered at Support After Suicide and carers groups for years. Jenny also participates in walks, including the Suicide Awareness Week walks hosted by Chasing Change and Lifeline, every year.

She also volunteers in carer-led services to support those who have had similar experiences to her and her family. While this is extremely challenging given the traumatic nature of David’s death, this work is rewarding for Jenny to support carers and families who have experienced similar loss.

Unfortunately, David and Jenny’s experiences in the Australian mental health system are not uncommon.

Can poor mental health care amount to medical negligence?

In some circumstances, healthcare providers may fail to provide an appropriate standard of care. While not every adverse outcome results from negligence, families may have legal options where opportunities for assessment, treatment, or intervention were missed.

If you (or your loved one) have experienced inappropriate mental health care or treatment, you may be entitled to seek compensation for negligent treatment and ongoing support.

We have represented hundreds of families following the treatment or death of a loved one in the context of mental health. We strongly advocate for the right to access adequate mental health services across Australia and support our team and clients through this process. 

Our team of expert medical negligence lawyers are here to help you understand your legal options and to achieve the best possible outcome for you.

Resources available to those struggling with mental health issues:

Resources available to those struggling following suicide:

Frequently asked questions about inadequate mental health care

In some circumstances, yes. If inadequate assessment, treatment, or follow-up contributed to harm, you may have legal options.

Keep records of your concerns, seek support, and consider obtaining legal advice to better understand your options.

Depending on the circumstances, families may be able to investigate whether appropriate care was provided and whether legal options are available.

We can help with medical negligence claims

Our team of expert medical negligence lawyers are here to help you understand your legal options and to achieve the best possible outcome for you. Our No Win, No Fee policy means that if we don't win, you don't have to pay our legal fees. 

Easy ways to get in touch

We are here to help. Give us a call, request a call back or use our free claim check tool to get in touch with our friendly legal team. With local knowledge and a national network of experts, we have the experience you can count on. 

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We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.