A&E Negligence Claims

If an A&E negligence injury has set you back, we'll help you move forward

Misdiagnoses, delayed treatment, or incorrect procedures in accident and emergency departments can lead to aggravated conditions or new injuries.

If your life, or the life of a loved one, has been affected by A&E negligence, we can help. If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.

What to consider when making an a&E negligence claim

• There is a 3-year time limit from the injury date to start your claim.
• Your compensation amount will be influenced by the extent of your injury and your financial losses and expenses. Discover how much you could claim with our compensation calculator.
• You're eligible to claim under a no win, no fee agreement.
• Medical staff, including doctors, nurses and technicians, are legally required to safeguard patients from avoidable injury.
• You can claim compensation if a healthcare professional failed in their duty of care and you were harmed.

A&E wait times are increasing, and so is negligence - you are not alone

In 2022-23 there were 25.3 million attendances in Accident and Emergency, 23% of whom waited more than 4 hours to be seen (digital.nhs.uk).

In the majority of cases, the care and treatment of emergency patients in A&E is exemplary. However, the often frenetic A&E environment can sometimes result in errors, and delays in urgently needed treatment.

Errors and delays in A&E care can result in avoidable harm, leading to a medical negligence compensation claim.

If you decide to make an A&E negligence claim, your medical negligence solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

How much compensation can I claim for A&E negligence?

Your compensation for A&E negligence will vary according to:

• the seriousness of your injury,
• the influence of your injury on your life and work capabilities,
• any expenses or financial setbacks caused by your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages is compensation awarded to cover any financial losses and expenses you incur as a result of your injury or negligent medical treatment. These damages aim to put you back in the financial position you would have been in, had your injury not occurred.

Special damages will also cover your tendon injury medical treatment expenses, that might include corrective treatment and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Do I have an A&E negligence claim?

Yes, you can start a compensation claim for A&E negligence, if:

• you were made ill within the last 3 years, and;
• another person was to blame, and;
• that person owed you a legal duty of care.

Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

How long do I have to claim A&E negligence compensation?

For an A&E negligence claim, you usually have 3 years to make a claim from the date you became aware of the negligent treatment (date of knowledge).

If you are under 18, a parent, guardian or adult 'litigation friend' can make a claim on your behalf. Once you turn 18, you have until your 21st birthday to start a clinical negligence claim.

Causes of A&E personal injury

Personal injury to patients in Accident and Emergency departments can be caused by a number of factors, including:

• Missed fractures and tendon injuries
• Misdiagnosis of hearts attacks, meningitis and sepsis
• Failures in the management of treatment for back injuries and head injuries

A&E negligence investigations have found the most frequent causes of A&E patient injury result from:

• Failure to obtain a patient's full medical history (where feasible)
• Inadequate patient examination and medical investigation (such as, x-rays, blood tests)
• Inaccuracies in reporting of test results
• Failure to refer on to a specialist consultant or department
• Delays in receiving treatment
• Injuries sustained while being moved or transported within the A&E department
• Sending patients home inappropriately early or with inadequate advice (such as, what to do if symptoms continue)

Failures in standards of A&E care are a breach of the legal duty of care owed to patients. A personal injury compensation claim may be made if injury has been sustained by a patient during A&E care or treatment.

See also:

Head injury compensation claims

Back injury compensation claims

A&E department negligence injuries

The impact of injuries caused to A&E patients by delays, errors and accidents within the A&E department can be severe. A&E claim injuries have included:

• Failure to diagnose the onset of cauda equine syndrome in spinal injury patients, resulting in lower paralysis and impaired lower functions
• Failure to identify and remove foreign bodies in the eye, resulting in total loss of sight

The claimant's solicitor must prove that the claimant's injury was a direct result of the negligence of relevant A&E medical staff, or inadequate A&E procedures.

Work accidents Road accidents Public places Medical negligence Other accidents

Sources

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.