LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD QLD Mental Health Provider - Breach of Duty of Care?

Discussion in 'Personal Injury Law Forum' started by iSky, 1 November 2015.

  1. iSky

    iSky Member

    Joined:
    1 November 2015
    Messages:
    1
    Likes Received:
    0
    My sister is 20 years old and has been in the service since 12 for severe PTSD due to child abuse. She moved to a different area a year ago and her file was transferred to the mental health clinic in her new area. Her old psychologist visited the new area to explain that it was vital she be seen and given a new psychologist and psychiatrist as soon as possible (I believe she was on an involuntary treatment order at the time of moving).

    They did say it would take a while to put her through as they had a lot of new clients to get through. It has been a year and they have not put her through or contacted her despite herself, me and others calling and asking numerous times. She has made numerous suicide attempts in this time and is now moving to a different area as she has been off medication for too long and had no professional support. She's given up and I believe what's happening is not right. I believe as she is on an involuntary treatment order (or was - although she's not been seen for it to be revoked), they have a duty of care.

    I may be wrong but I'm wondering if she needs legal advice on this issue or if I need to go elsewhere?
     
  2. JS79

    JS79 Well-Known Member

    Joined:
    2 October 2015
    Messages:
    307
    Likes Received:
    35
    In order to gain compensation you would have to prove that they have a duty of care and that they have in fact breached that duty of care and she has received injuries caused by the breach of the duty of care.

    In order for a claim to be worthwhile, her damages would have to be over the threshold and it seems at present she has only psychiatric injuries and she already had pre existing psychiatric injuries. She can claim for an exacerbation and if she has been off work due to the exacerbation, psychiatric fees due to the exacerbation etc.

    A personal injury lawyer will be able to tell you if it would be worthwhile after legal fees are taken into account. See Get Connected with the Right Lawyer for You for your sister to be connected to a local personal injury lawyer.
     

Share This Page

Loading...