Having an accident can be stressful enough without the worry of receiving substandard care at an A&E department. Unfortunately, you can be left in a much worse state if you experience A&E negligence. No matter the circumstances of your case, you could be entitled to claim compensation if you have suffered because of medical negligence.
Our guide begins by explaining what accident and emergency negligence is alongside some examples of how it might happen. After this, we discuss who can launch a medical negligence claim. We then move on to compensation and what you could potentially claim for. Next, we explore what is involved in the process, from gathering evidence to starting a claim within the appropriate time limit.
To close, we look at the advantages of working with our No Win No Fee solicitors. If your case qualifies, you could get excellent legal representation without the worry of spiralling solicitor fees. Read on to learn more, or:
- Call 0800 073 8804 to discuss your A&E negligence claim.
- Use our ‘Contact Us’ form.
- Use our live message box to chat with an advisor online.
Frequently Asked Questions
- What Is A&E Negligence?
- Common Examples Of A&E Claims
- Who Can Make Accident And Emergency Claims?
- Is The NHS Impacted If A&E Negligence Claims Are Made?
- The Average Pay Out In A&E Compensation Claims
- How Do I Claim For A And E Negligence?
- No Win No Fee A And E Negligence Claims
- Learn More
What Is A&E Negligence?
A&E negligence is when the minimum standard of care expected from a healthcare provider, medical professional, or hospital as a whole is not met. In turn, this substandard care may result in a patient experiencing unnecessary or avoidable harm. Negligence can have many reasons, such as:
- Inadequate or wrong medical treatment.
- Delayed treatment due to administrative errors.
- A misdiagnosis caused by test results or x-rays being misinterpreted.
- Medical professionals failing to follow appropriate hygiene standards.
Next, we look at some general examples of A&E negligence. Please feel free to connect with our advisory team at any point for free, impartial legal guidance.
Common Examples Of A&E Claims
A&E claims can range from administrative errors that delay treatment to life-threatening medication errors. We look at some next:
- Triage staff wrongly categorise a patient as non-urgent despite them presenting with common symptoms of a stroke. Due to this failure, there is a significant delay in diagnosis and treatment, resulting in the patient suffering brain damage.
- A doctor fails to properly assess a patient, resulting in them missing a serious bone fracture. They wrongly conclude the patient has a sprain, causing a delay in treatment that leaves them with chronic pain.
- A doctor doesn’t refer to a patient’s medical records, which would have revealed an allergy to penicillin medication. Consequently, the patient has a reaction that leads to anaphylactic shock.
- Staff fail to follow emergency procedures for someone with breathing difficulties, leading them to develop hypoxia and suffer lasting brain damage.
No matter what kind of A&E negligence you endured, you have the right to pursue compensation if you have a valid claim. Get in touch with our team for more information and to discuss your particular circumstances.
Who Can Make Accident And Emergency Claims?
Anyone can make an accident and emergency negligence claim provided the following criteria are met:
- A duty of care was in place.
- Those treating you fell below expected standards.
- As a consequence, you experienced avoidable or unnecessary harm.
Whether you were seen by a doctor or nurse, you are owed a duty of care by all healthcare professionals. Essentially, it means anyone who treats a patient must provide the correct standard of care expected of them. If a professional falls short of those standards, it may result in unnecessary or otherwise avoidable harm.
Nevertheless, it must be said that medical treatments carry a natural degree of risk, and not every instance of harm will be due to someone’s negligent actions (or inactions). Call our advisory team to discuss whether you have grounds to seek A&E negligence compensation.
Can Claims Be Made Against Paramedics And The Ambulance Service?
Yes, as paramedics and ambulance crews must provide the correct standard of care when treating patients like other medical professionals. If you suffered unnecessary harm as a result of those standards not being met, you may have valid grounds to claim compensation.
To discuss the details of your case, please reach out to our trained team of advisors.
Is The NHS Impacted If A&E Negligence Claims Are Made?
No, NHS services are not impacted or financially burdened by A&E negligence claims. Successful claims are instead paid out by NHS Resolution, which is responsible for handling relevant medical negligence claims and complaints. The organisation acts much like an insurance company and has its own funding that is separate from the main NHS budget.
According to its annual report for 2023-24, NHS Resolution recorded 13,784 new clinical negligence claims and incidents. In terms of the financial impact, it estimated the ‘annual cost of harm’ to be £5.1 billion.
Call our team if you have any questions or are ready to start your claim.
The Average Pay Out In A&E Compensation Claims
On average, very severe brain damage caused by A&E negligence may lead to a claimant being awarded anywhere between £344,150 and £493,000. Those figures come from the Judicial College Guidelines (JCG), a publication that solicitors may use as part of the medical negligence claims process.
The document contains a list of guideline brackets for various types of harm, which are covered under general damages. These damages consider factors like physical pain, long-term disability, and psychological harm.
To summarise these brackets, we’ve put together an example table below. The first line is not from the publication and, as emphasised, the others are guidelines and not a guarantee of how your compensation might be calculated:
Compensation Guidelines
| INJURY | SEVERITY | GUIDELINE BRACKETS |
|---|---|---|
| Multiple forms of harm and special damages for private medical care, lost earnings, and rehabilitation. | Severe | Up to £1 million plus |
| Head/Brain | Very severe | £344,150-£493,000 |
| Neck | Severe (ii) | £80,240-£159,770 |
| Foot | Very severe | £102,470-£133,810 |
| Chest | Traumatic (b) | £80,240-£122,850 |
| Knee | Severe (ii) | £63,610-£85,100 |
| Eye | Complete loss of sight in one eye | £60,130-£66,920 |
| Arm | Less severe injury | £23,430-£47,810 |
| Back | Moderate (i) | £33,880-£47,320 |
| Shoulder | Serious | £15,580-£23,430 |
Can I Claim For Any Financial Losses Caused By Negligence?
Yes, you can be reimbursed for out-of-pocket expenses under a category of loss called special damages. However, keep in mind that you will need evidence to prove your financial losses, such as:
- Bank statements showing costs for childcare, treatments, or professional support.
- Invoices for essential adaptations to your home, including wheelchair access or stairlifts.
- Pay slips demonstrating a loss of earnings.
- Receipts for bus tickets or parking fees incurred whilst travelling to and from medical appointments.
How Can Interim Payments Help Me?
Interim payments are designed to help claimants who need immediate financial help for costs like emergency treatment or rehabilitation. They are essentially an advance on your medical negligence compensation and are paid before the claim formally settles.
However, interim payments are only possible if the defendant admits liability or it is likely that the claim’s outcome will be in your favour. You must also show there is an immediate need for an early payment.
Our solicitors have helped recover over £80 million in compensation for their clients. Get in touch today to find out how they could help with your claim.
How Do I Claim For A And E Negligence?
In order to have a strong A&E negligence claim, you need evidence that shows how and why you suffered unnecessary harm. Keep reading as we discuss what evidence could help your claim.
Evidence
You might benefit from the following types of evidence:
- Duplicates of your medical records, such as the treatment you received in A&E, test results, and X-rays.
- A diary outlining things like how clinical negligence affected you and impacted your quality of life.
- Contact information for others who saw the treatment you received in the A&E, at the scene, or in the ambulance. If you use a solicitor, they can obtain supporting statements to strengthen your claim.
- Photos showing the visible effects of medical negligence on your body.
Evidence like this can form the basis of a solid claim for compensation after A&E negligence. Our solicitors regularly support people in gathering proof and could do the same for you. Get in touch today to discover whether you can start a compensation claim.
Time Limits
Under the Limitation Act 1980, medical negligence claims must typically be started within 3 years. This time limit could begin either:
- From the date of your A&E negligence.
- Or the date you discovered that you suffered avoidable harm.
However, time limits differ for minors and individuals with a mental incapacity. Since neither group can legally start their own medical negligence claim, time limits are placed on hold. In both cases, a loved one or a solicitor can act as a litigation friend to start a claim on their behalf.
Otherwise, the pause for minors ends on the date of their 18th birthday. For those with diminished mental capacity, the 3-year limitation period is indefinitely suspended unless the ability to claim independently returns.
Please connect with our advisory team if you’d like more information on evidence and time limits. If your claim is eligible, they could direct you to one of our skilled medical negligence solicitors who can assist with the entire process.
No Win No Fee A And E Negligence Claims
You could be eligible to start an A&E negligence claim under a No Win No Fee arrangement. Our solicitors offer eligible claimants a Conditional Fee Agreement (CFA) as a way to fund the work of a solicitor without the added pressure of upfront fees. There are other advantages to using a CFA, including:
- Solicitor fees are not paid as the work goes forward.
- If the claim is unsuccessful, you won’t face solicitor fees for the finished work.
- Your solicitor will receive a small part of your compensation as a ‘success fee.’ It is agreed upon prior to work starting on a claim, and the percentage is subject to a legal limit.
Without mounting solicitor fees, you can focus on your recovery whilst our expert team support you at every stage of the claims process and work hard to secure a fair compensation for you. Our solicitors have ample experience handling medical negligence claims and have recovered over £80 million in compensation for their clients.
Contact Legal Expert
To find out if you can claim compensation after receiving substandard treatment from an emergency department, you can contact us in three easy ways:
- Call 0800 073 8804 to discuss A&E negligence claims.
- Or use our ‘Contact Us’ form.
- In addition to this, you can ask the live message box a question.
Learn More
In addition to this guide about A&E negligence claims for compensation, these other resources provide additional reading on the topic:
- How to prove hospital negligence.
- How much you could claim if a hospital missed a lumbar fracture.
- How to claim for prescription errors in hospitals.
Outside resources to help:
- Read about NHS Resolution and how they handle complaints.
- Examine the professional standards outlined by the General Medical Council (GMC).
- NHS advice on when to go to the accident and emergency department.
In conclusion, we hope this guide on claiming compensation after A&E negligence has been useful. If you have any questions about the claims process, simply connect via the contact options listed above.
