Understanding the Legal Process for Challenging a Mental Health Diagnosis
Usually, a diagnosis in mental health is fairly accurate. But what if the diagnosis does not feel right? A study by UCL shows that 25% of mental health patients are misdiagnosed. A misguided diagnosis can impact every aspect of life. If you have been wronged, there is a legal process for challenging a mental health diagnosis in the UK.
Continue reading to learn more about the signs of an incorrect diagnosis and how to challenge a mental health diagnosis.
Why Challenge a Mental Health Diagnosis?
A mental health diagnosis dictates the:
- Type of treatment you get
- The care you need
- The legal rights you are entitled to
A bad call may turn into wrong treatments or avoidable emotional distresses or social stigmas in the long run.
You would likely go to court when you feel that the diagnosis was made. Going to court will assure you of your rights.
Legal process for Challenging a Mental Health Diagnosis in the UK
Following are the basic steps in legally contesting a mental health diagnosis in the UK.
Collect Medical Records
Prior to taking the case to court, it is important to collect as much information as possible.
You may need to gather:
- Your medical records
- The diagnostic criteria applied
- The explanation behind the diagnosis
You might also want to get a second opinion from another medical professional.
Understand the Legal Process
The legal process for challenging a mental health diagnosis in the UK is quite substantial. This type of challenge usually falls under either medical negligence or misdiagnosis claims. Misdiagnosis of individuals with matters of mental health leads to improper treatment of the said individual. This subsequently affects that individual’s quality of life. It is, therefore, a serious matter.
Seek a Legal Professional
Going through a legal case is very stressful, especially when it’s about a medical diagnosis. You would need to consult a legal professional or someone who has previous experience in medical negligence or mental health law.
A lawyer will be able to explain the legal issue arising from a mental health diagnosis. They will also explain the complex legal steps required to bring about your claim.
File a Medical Negligence Claim
If your lawyer thinks your case is a strong one, you can go ahead and make your claim. This is where you will prove that your healthcare provider made a wrong diagnosis. You will have to establish the following factors:
- The diagnosis was wrong or misinformed.
- Wrong treatment or emotional distress was caused directly because of the error.
- The healthcare provider did not come up to the level of care that should be expected in the UK.
This process can be lengthy, but it is advisable that if you feel you have been misdiagnosed, you stick with the course.
Take It to Court
In some cases, your case may not be resolved amicably and will have to go for trial. If this is so, the lawyers who have defended you up to that point will push your case in court. The trial will then state whether the prescription was actually wrong and whether damages should be awarded to you.
Alternative Dispute Resolution
Court is definitely an option, but often it is not the first or preferable choice. The UK uses alternative dispute resolution techniques, such as mediation or arbitration. These can be faster and less confrontational. These provide a way in which you and your healthcare provider can easily settle.
The Importance of Accurate Diagnoses
Most problems with mental health have a ripple effect on your treatment and general wellbeing. Misdiagnosis may cause you to be diagnosed with unnecessary medicines or therapies. The correct diagnosis, on the other hand, provides the right care, support, and treatment.
Common Reasons for Misdiagnosis
There are several causes of mental health misdiagnosis. Some of them include:
Inaccurate Evaluations
Mental conditions can be evaluated on very cursory evaluations, which may not give an overall picture of the patient’s mental status.
Biases
Personal biases or misunderstanding by the healthcare providers may be considered.
Co-occurring Disorders
Most of the mental disorders overlap symptoms. Therefore, misdiagnosing is common between depression, anxiety, and personality disorders. However, correct diagnosis is extremely important, not only for mental but for physical health. According to an article by Anne M. Doherty and Fiona Gaughran,
“People with mental health conditions are at higher risk of developing physical illness, have those conditions diagnosed later and have much higher mortality rates.”
Anne M. Doherty and Fiona Gaughran
Conclusion
It’s intimidating to question a diagnosis of mental health. But if you believe that you were misdiagnosed, then the law is on your side. If you have the proper support, either medical or legal, you’re well within your rights to look for the right evaluation.
If you are uncertain about your mental health diagnosis, do not even think about it as something you cannot discuss with experts. Going through the right channels can ensure that how your mental health is diagnosed is handled with sensitivity and accuracy.
Here at Concise Medico, we recognize that diagnosis plays a strong part in all cases and offer specialised medico-legal expertise. We are here to manage your misdiagnosis or help you step by step for court-related matters.
Understanding the Legal Process for Challenging a Mental Health Diagnosis
Usually, a diagnosis in mental health is fairly accurate. But what if the diagnosis does not feel right? A study by UCL shows that 25% of mental health patients are misdiagnosed. A misguided diagnosis can impact every aspect of life. If you have been wronged, there is a legal process for challenging a mental health diagnosis in the UK.
Continue reading to learn more about the signs of an incorrect diagnosis and how to challenge a mental health diagnosis.
Why Challenge a Mental Health Diagnosis?
A mental health diagnosis dictates the:
- Type of treatment you get
- The care you need
- The legal rights you are entitled to
A bad call may turn into wrong treatments or avoidable emotional distresses or social stigmas in the long run.
You would likely go to court when you feel that the diagnosis was made. Going to court will assure you of your rights.
Legal process for Challenging a Mental Health Diagnosis in the UK
Following are the basic steps in legally contesting a mental health diagnosis in the UK.
Collect Medical Records
Prior to taking the case to court, it is important to collect as much information as possible.
You may need to gather:
- Your medical records
- The diagnostic criteria applied
- The explanation behind the diagnosis
You might also want to get a second opinion from another medical professional.
Understand the Legal Process
The legal process for challenging a mental health diagnosis in the UK is quite substantial. This type of challenge usually falls under either medical negligence or misdiagnosis claims. Misdiagnosis of individuals with matters of mental health leads to improper treatment of the said individual. This subsequently affects that individual’s quality of life. It is, therefore, a serious matter.
Seek a Legal Professional
Going through a legal case is very stressful, especially when it’s about a medical diagnosis. You would need to consult a legal professional or someone who has previous experience in medical negligence or mental health law.
A lawyer will be able to explain the legal issue arising from a mental health diagnosis. They will also explain the complex legal steps required to bring about your claim.
File a Medical Negligence Claim
If your lawyer thinks your case is a strong one, you can go ahead and make your claim. This is where you will prove that your healthcare provider made a wrong diagnosis. You will have to establish the following factors:
- The diagnosis was wrong or misinformed.
- Wrong treatment or emotional distress was caused directly because of the error.
- The healthcare provider did not come up to the level of care that should be expected in the UK.
This process can be lengthy, but it is advisable that if you feel you have been misdiagnosed, you stick with the course.
Take It to Court
In some cases, your case may not be resolved amicably and will have to go for trial. If this is so, the lawyers who have defended you up to that point will push your case in court. The trial will then state whether the prescription was actually wrong and whether damages should be awarded to you.
Alternative Dispute Resolution
Court is definitely an option, but often it is not the first or preferable choice. The UK uses alternative dispute resolution techniques, such as mediation or arbitration. These can be faster and less confrontational. These provide a way in which you and your healthcare provider can easily settle.
The Importance of Accurate Diagnoses
Most problems with mental health have a ripple effect on your treatment and general wellbeing. Misdiagnosis may cause you to be diagnosed with unnecessary medicines or therapies. The correct diagnosis, on the other hand, provides the right care, support, and treatment.
Common Reasons for Misdiagnosis
There are several causes of mental health misdiagnosis. Some of them include:
Inaccurate Evaluations
Mental conditions can be evaluated on very cursory evaluations, which may not give an overall picture of the patient’s mental status.
Biases
Personal biases or misunderstanding by the healthcare providers may be considered.
Co-occurring Disorders
Most of the mental disorders overlap symptoms. Therefore, misdiagnosing is common between depression, anxiety, and personality disorders. However, correct diagnosis is extremely important, not only for mental but for physical health. According to an article by Anne M. Doherty and Fiona Gaughran,
“People with mental health conditions are at higher risk of developing physical illness, have those conditions diagnosed later and have much higher mortality rates.”
Anne M. Doherty and Fiona Gaughran
Conclusion
It’s intimidating to question a diagnosis of mental health. But if you believe that you were misdiagnosed, then the law is on your side. If you have the proper support, either medical or legal, you’re well within your rights to look for the right evaluation.
If you are uncertain about your mental health diagnosis, do not even think about it as something you cannot discuss with experts. Going through the right channels can ensure that how your mental health is diagnosed is handled with sensitivity and accuracy.
Here at Concise Medico, we recognize that diagnosis plays a strong part in all cases and offer specialised medico-legal expertise. We are here to manage your misdiagnosis or help you step by step for court-related matters.