A&E Negligence Claims

We are highly experienced in bringing claims relating to problems with care provided within Accident and Emergency Departments in Hospitals (A&E, also known as the emergency department or casualty).

 

A&E is the front-line department in a hospital which deals with serious injuries and emergencies that require immediate treatment. Such emergencies could include stroke, chest pain, serious burns or other trauma or severe bleeding. The department can sometimes be split in to ‘majors’ and ‘minors’ such that minor injuries are dealt with by emergency nurse practitioners in one area and patients with severe problems are seen elsewhere.

These departments are typically extremely busy. If mistakes are made which cause a patient to be harmed then claims for medical negligence may be possible.

A&E claims often involve:

• Misdiagnosis – where the wrong diagnosis is made or a diagnosis is missed. This can mean that vital tests are not undertaken and treatment is delayed or not given. This can in turn lead to very serious injuries or death - for example if a stroke or cardiac condition is missed (see case study). Failures in diagnosis may be made due to a proper examination not being undertaken or full history not being elicited.
• Unreasonable delays leading to a worsening of a condition.
• Failing to refer on to the correct department.
• Failing to make an admission to hospital.
• Failing to prescribe the correct medication.
• Failing to undertake necessary tests or scans, such a blood tests to identify infection (for example sepsis), or radiology / x-rays leading to a missed fracture, or an MRI which could lead to a delay in diagnosing a spinal abscess.
• Inadequate treatment of wounds leading to infection.

If you or a family member is concerned about medical treatment received in A&E, please contact us to discuss how we can help.

In order to bring a successful claim, it has to be proven that care was provided which was below a reasonable standard and that this caused injury.

A&E negligence compensation

The amount of compensation that can be obtained will always depend upon the circumstances of a particular case and the injury sustained but A&E negligence compensation awards may include sums to cover the costs of treatments needs including care and therapies, and sums to compensate for any lost earnings or other financial losses.

Your claim - why us

Your case will be investigated by our specialist lawyers, led by a partner. We gather all the relevant evidence and work closely with leading experts including emergency medicine consultants to assess the strength of a claim.

We then work with further experts to consider a client’s long term needs and the full amount of compensation required. If it is relevant, we will advise upon options to seek funds for early interventions and rehabilitation not available on the NHS where possible.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

Is there a time limit for bringing an A&E negligence claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales.   This is called the limitation period. 

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where a claim relates to someone’s death, the claim should be started at Court within three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

 

Can claims be brought in relation to private and NHS medical treatment?

Yes. Where treatment was provided through the NHS, the claim is usually brought against the responsible NHS organisation (such as the Hospital Trust or Primary Care Trust). 

Where the treatment was privately funded, the claim is often brought directly against the private hospital, or the private medical practitioner, that provided the treatment.  Hospitals and private practitioners are typically insured or indemnified for negligence claims.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, witness statements, and expert evidence to prove that your condition was worsened by medical negligence. 

We also calculate the amount of compensation that can be claimed.  Typically this involves instructing experienced experts to advise on the additional needs which you now have because of the negligence, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer. 

In some cases settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read Our Guide to Making a Claim.

 

Will my case be decided by the Court?

Probably not. The vast majority of medical negligence claims are not decided by the Court.

Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings. 

Occasionally, the Court will decide a case, if it cannot be resolved any other way.

 

How do I access my medical records?

Medical records are usually the starting point for our investigation of a claim.  With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of the records themselves before deciding whether to begin a claim.  Please see our Guide to Accessing Medical Records for further information on how to request records.

 

Can I make a 'no win, no fee' A&E negligence claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• AvMA (Action against Medical Accidents) 
• APIL (Association of Personal Injury Lawyers)