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Accident and Emergency (A&E) Negligence Claims
Reviewed by
Peter Rigby - Director of Medical Negligence | Last updated on: 21st June, 2024
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The ability to get access to high-quality medical care in an emergency situation is a necessary component of the UK healthcare system. As such, the Accident and Emergency (A&E) departments of hospitals around the country are meant to serve patients who are experiencing serious or life-threatening injuries or illnesses. More than 1.75 million patients are seen in the A&E department each and every month, making it the busiest, and arguably, the most error-prone division of the country’s healthcare system.
While most patients experience quality medical care and attention while visiting the A&E department for treatment of a critical injury or illness, others are not so fortunate. The hectic environment of A&E departments can lead to patients experiencing additional injuries or illnesses due to mistakes in care, missed diagnoses, or undetected medical issues.
Likewise, the severe burden on the NHS can sometimes result in ambulance delays or negligence where an ambulance does not get to you quickly enough, or a member of the ambulance service makes a critical mistake in their treatment.
Despite the fast pace of A&E and ambulance departments, you are still entitled to the best medical care available. When that isn’t received, you may have cause for an A&E claim to offset your financial losses and regain peace of mind.
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Types of A&E negligence claims
We manage a variety of A&E negligence claims every day, with each patient’s experience differing from the next. However, there are a number of common A&E negligence claims which can result in long-lasting damage and make recovery a difficult journey. These A&E claim types include:
- Misdiagnosed bone fractures
- Incorrect medication
- Incorrect treatment
- Delayed treatment
- Hospital infections
- Inadequate patient examination
- Inadequate medical investigation
- Misinterpreting exam or test results
- Inadequate postoperative care
In addition to the common claim types that arise due to A&E negligence, you may also face a complete failure to treat when visiting the hospital for an emergency medical situation. Some patients are sent home before being seen by an A&E doctor, or far too early given their symptoms and underlying medical issues. When this happens, you may be eligible for an A&E claim for compensation if further injury or illness was sustained due to being turned away.
Who pays for A&E negligence claims?
A&E negligence claims are handled by the NHS Resolution and the compensation comes from the money paid by NHS trusts to the NHS resolution. Over the past five years, medical mistakes have cost the health care system in the UK more than £4.5 billion, with the majority of this staggering cost going towards compensating injured patients and their families. A&E negligence can leave you and your loved ones facing significant financial strain. We’ll work with you through the claims process to recover the compensation you deserve.
Bringing a claim for A&E negligence means you have suffered additional injury or illness due to poor-quality care while visiting the A&E department of a hospital. Fortunately, there is no financial risk to you or your family because we work on a no win, no fee basis. For each claim, compensation ranges greatly depending on several factors, but most likely will include the costs associated with the following outcomes:
- Pain and suffering related to your additional illness or injury
- Loss of earnings, including income you would have otherwise received in the future if it weren’t for your additional injury or illness
- Additional expenses you must pay to receive ongoing care or treatment
- The cost of medical treatment
- Compensation for psychological damage based on the severity of your A&E claims
Can you get compensation from the ambulance service?
Unexpected medical emergencies can be frightening, and receiving timely and appropriate care from paramedics is crucial. Unfortunately, situations can arise where ambulance delays or improper treatment by paramedics can lead to further injury or worsen an existing condition. If you believe this has happened to you, you may be eligible to claim compensation from the ambulance service.
Ambulance negligence claims can cover a range of situations where the actions or inactions of paramedics caused harm. Common ambulance claims include:
- A significant delay in the ambulance getting to you
- The ambulance not reaching you at all
- The paramedics not giving you the right treatment, or failure to treat at all
- Misdiagnosis or delayed diagnosis by paramedics
- Paramedics using too much force with patients
- Failure of paramedics to take a patient to hospital
An ambulance negligence claim can be a crucial source of financial support to help you recover. Compensation can cover the cost of any necessary medical treatment arising from the negligence, any financial losses incurred due to your injury (such as missed work), and even the cost of ongoing care from support workers if your situation requires it.
Paramedics, like all medical professionals, have a legal obligation to provide a reasonable standard of care to their patients. This duty of care applies even in the high-pressure environment of an emergency situation. If a paramedic’s treatment falls below this standard, and you suffer harm as a result, you may have grounds for a legal claim against the ambulance service.
How long should an ambulance take to respond?
NHS England implemented new ambulance standards across the country in 2017, following the largest clinical ambulance trials ever conducted. The aim of these new standards is to ensure that the sickest patients receive the fastest possible response, while also guaranteeing all patients get the right response the first time around.
The ambulance service prioritises calls using a four-category system. Category 1 calls involve the most critical, life-threatening situations, while Category 4 calls are less urgent:
Category 1 – 7 to 15 minutes
Category 2 – 18 to 40 minutes
Category 3 – 120 minutes
Category 4 – 180 minutes
If your ambulance arrival was significantly delayed, it’s crucial to understand your options. Our experienced ambulance negligence lawyers can analyse the situation and determine if you have a valid claim against the ambulance service. We’ll guide you through the entire process, explaining each step clearly.
What can I expect when I make a claim?
The thought of starting a claims process for A&E negligence may be initially overwhelming. However, making A&E claims for medical mistakes is something we do each day to help individuals get the compensation and answers they deserve. It is in your best interest to contact us for legal advice regarding your specific experience so we can advise you on the most appropriate next steps for your situation.
Individuals who decide making an A&E negligence claim is the best course of action have a three-year time limit on when a compensation claim can be completed. As soon as you realise negligence has taken place, whether that might be in the form of misdiagnosis, additional illness or injury, an infection from your hospital visit, or ambulance negligence, you must speak with an A&E claims expert as soon as you are able. Our highly-qualified and experienced solicitors are available to speak with you or a loved one in a free, no obligation phone call. Or, fill out our simple online contact form to learn more about your options.
Our experience of covering A&E claims
We handle one in 10 medical negligence claims made in the UK, and have years of experience providing compassionate legal support to patients and their families in a difficult time. A major hurdle in A&E negligence claims is the lack of transparency from medical providers. Instead of open communication, many A&E departments are hesitant to acknowledge mistakes that may have worsened your condition. At Patient Claim Line, we understand your right to have that crucial information in addition to your due compensation.
Information we need to process your A&E negligence claim
The first step is to have an initial consultation where we listen to your experience and get an understanding of what you have experienced.
Once we’ve determined that you do have a case for A&E negligence, we will begin gathering the necessary information so that we may further understand the specifics of your experience. We also document the details of what happened, the date of the incident(s), and any steps you have taken independently to reduce your losses, like continuing treatment per the doctor’s orders. From the start, we offer our assistance on a no win no fee basis, meaning there is no financial risk when you reach out for help. Contact us either online or via phone today if you think you have an A&E negligence claim for compensation.
Why Choose Patient Claim Line for your A&E Negligence Claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in cancer negligence and general medical negligence claims.
At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.
It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.
Frequently asked questions about A&E Negligence Claims
Our expert legal team answer your questions about making a A&E Negligence Claim
Accident and emergency negligence occurs when you experience harm due to the mistake of a medical professional in the emergency department. This can involve misdiagnosis of an illness at A&E, and incorrect or inadequate treatment during an A&E visit. Common examples might include discharging a patient too early, or failing to properly examine a patient. If you believe you have received negligent treatment at A&E, you could be eligible to receive compensation.
If you have been the victim of A&E negligence within the last three years, then Patient Claim Line can support you through every step of the claims process. Get in touch with our team today to have your case evaluated. We recommend reaching out sooner rather than later as there is generally a 3-year limitation on A&E compensation claims.
If you suffered an injury or the worsening of a condition while being treated in A&E, you could be entitled to make a claim for compensation. In the UK, more than 1.75 million patients are treated every month, making A&E departments one of the most high-pressure environments to work in. As such, the risk-factor can be extremely high and when mistakes happen, patients can be left dealing with the consequences. If you have been affected by an A&E error and are looking to make an accident and emergency claim, Patient Claim Line’s specialist team can help.
The amount of compensation you will receive when you make an A&E claim will vary depending on the circumstances involved. Every case of A&E negligence is unique and the final payout will be based on the severity of the injury you experienced alongside factors including the impact on your health, medical expenses, and any loss of earnings. There are two types of A&E compensation claims you might receive: financial losses and expenses you have accrued, and general compensation for your pain and suffering.
Yes, the ambulance service can be sued under certain circumstances. If the actions of paramedics fall below a reasonable standard of care, and you suffer harm as a result, you may have grounds for a legal claim. If you believe you experienced harm due to ambulance service negligence, it’s important to consult with a lawyer specialising in medical negligence claims. They can assess the specifics of your situation and determine if you have a viable case.
Meet our A&E Negligence Team
Case Study
Sarah's Story
"Now we have peace of mind"
My husband, Nick, went back and forth to the doctors for a long time and tried everything the doctor recommended. But his illness got worse, to the point that he was in agony.
In the end we got so desperate that we asked for a referral. The doctor was reluctant, so we had to consult a private hospital. That’s when we found out there was a tumour. It took years from the onset of his illness to finally start cancer treatment.
He used to be a man with a lot to live for, but in the end he was in so much pain that he withdrew from the family. He became angry that nobody had helped him sooner, and the legal team were able to give him the validation that he was desperately seeking. The NHS confirmed if they had done more, Nick would still be alive today.
