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Accident and emergency (A&E) negligence claims

Accident and emergency claims are some of the most common medical negligence claims, with 2 million patients visiting the A&E department every month. If you’ve been treated in A&E and your doctor was negligent, you could make an accident and emergency claim. Contact Express Solicitors to get started.

Last updated on May 4th, 2022.

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Key points for making an injury claim

The most important things to remember when taking legal action against the NHS are:

  • You can claim if you can prove ‘causation’ and ‘breach of duty’
  • You can claim if your healthcare provider was negligent
  • You can claim on a no win, no fee basis
  • You can claim on behalf of somebody else
  • You generally have three years to make a claim.

Accident and emergency negligence claims

If your health has suffered after a visit to A&E, you could make an accident and emergency negligence claim. The NHS sees 2 million patients every month, and with increasing financial pressures, mistakes can be made.

If your healthcare provider failed in their duty of care, then you could claim compensation for injuries. At Express Solicitors, we’ll listen to your story and help you claim on a no win, no fee basis.

What is accident and emergency negligence?

Accident and emergency negligence refers to any avoidable medical mistakes made in A&E that made a patient’s health worse.

These mistakes may be human error, such as misdiagnosing or failure to refer, or they could be environmental. For example, if the waiting room is unclean, patients could be vulnerable to infection.

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Types of accident and emergency claims

Accident and emergency claims are usually linked to the diagnosis stage or the treatment itself. If either of these have made your health worse, you could make a no win, no fee claim through our personal injury solicitors.

Misdiagnosis claims

Medical misdiagnosis claims range from minor to severe. In the more severe cases, doctors may fail to refer patients to relevant specialists and they could potentially miss signs of conditions such as cancer.

Misdiagnosis can happen for a number of reasons, particularly with the strain on the NHS’ accident and emergency department. These include:

  • Delayed treatment
  • Missing key diagnostic tests
  • Missing symptoms
  • Misreading test results
  • Inadequate patient examinations.

Some of the most commonly misdiagnosed conditions are aortic aneurysms (ruptures in the heart), fractures, meningitis, twisted organs and cauda equina syndrome. We can help you to gather evidence to prove you were misdiagnosed and that you suffered as a result.

How to claim for medical negligence

Want to know more about claiming for medical or clinical negligence. Jargon free, we’ll explain your legal rights, letting you know everything you need to know about claiming.

How much compensation can I claim for medical negligence?

Read our medical negligence legal guides to understand your legal rights and how much compensation you may be able to claim.

What should I do if I think I’ve suffered accident and emergency negligence?

If you think you’ve suffered accident and emergency negligence, you need to call our personal injury solicitors as soon as possible. We’ll start by giving you a free consultation and can advise you on what evidence you need to support your claim. We are looking for two things – ‘causation’, which is the injury itself being a result of your visit to accident and emergency, and ‘breach of duty’, which is evidence of negligence.

How do I make an accident and emergency claim?

To make an accident and emergency claim, you should call our expert solicitors as soon as you feel well enough to do so. We’ll then take you through the following steps:

  1. Gathering evidence – we can help you to gather evidence to support your claim including medical records, doctors’ notes, photographs and witness statements.
  2. Letter of claim – we’ll send a letter of claim to the NHS and prepare a settlement figure based on your personal injuries, any financial losses, and changes to your life long-term.
  3. Response – the NHS legally has four months to respond, during which we will finalise your settlement figure. If they accept responsibility, you will be awarded your compensation minus our fees.

Accident and emergency claims can take many months if not years to settle, but this is because we are doing all we can to get you the largest compensation amounts possible. We will keep you informed throughout the case. We work on a no win, no fee basis, which means you’ll only pay if we’re successful.

Unlimited legal support.

That’s right, we provide unlimited legal support for our prospective clients. Not sure if you have a claim, or if you even want to make a claim? You can speak with us for as long as you like and as many times as you like. We’ll let you know your legal rights, completely free of charge and with no obligation to make a claim.

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What are the time limits for an accident and emergency negligence claim?

You generally have three years from the date of your treatment to make an accident and emergency negligence claim. There are exceptions to this. For example, if you were diagnosed with a condition that you can prove was linked to your A&E treatment, then you would have three years from the date of diagnosis.

If you were under 18 at the time, then you can have a ‘litigation friend’ represent you until your 18th birthday, or you can represent yourself from ages 18 to 21. If your injury left you mentally incapacitated, for example, if you suffered brain damage, then there are no time limits.

Frequently asked questions

What constitutes A&E negligence?

A&E negligence is inadequate treatment or misdiagnosis that makes your health condition worse. We can help you to prove that your healthcare provider was negligent and take you through a no win, no fee claim.

How much do negligence claims cost the NHS?

Medical negligence claims are paid for by NHS Resolution, which revealed that the average claim for negligence on the NHS in 2020/21 was £50,000.

Who pays for A&E negligence claims?

A&E negligence claims are paid for by NHS Resolution. This is a government scheme set up to act as an insurance policy for medical negligence claims. This is paid for by NHS Trusts, which are funded by the taxpayer. Making a claim against the NHS does not directly impact NHS funds.

Will I have to go to court?

It’s very unlikely that you’ll go to court. If the NHS disputes your claim, we can represent you. If they take it further and you do have to go to court, we will support you and allow you to make a statement via video link. You can withdraw at any time.

Will the doctor who treated me lose their job?

The doctor who treated you will not lose their job as your case will be against the NHS itself. The only exception to this would be if there have been repeated complaints against a single doctor, which would result in an investigation.

Why choose Express Solicitors?

Our expert A&E solicitors offer more than 20 years’ experience handling medical negligence claims just like yours. We specialise in taking on the cases that others turn away – as well as first-time claims. We’ll listen to your case sensitively and go above and beyond to get you the settlement you deserve.

Start your no win, no fee A&E compensation claim with Express Solicitors today.

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