When people find themselves at A&E it is often because they require urgent medical assistance. While emergency departments are often working under significant pressure, patients are still entitled to receive an appropriate standard of care and thorough assessment of their symptoms.
A recent BBC News investigation highlighted the case of Oli Coppock, who attended Warrington Hospital’s A&E department in May 2024 suffering from severe headaches and dizziness. Oli had a complex medical history, having previously undergone treatment for a brain tumour as well as being diagnosed with multiple sclerosis.
Despite Oli’s concerning symptoms and complex medical history, he was discharged without receiving any treatment.
One week after Oli’s A&E visit, he suffered a cardiac arrest caused by fluid building up on his brain. He survived, but the consequences were devastating. He now lives with profound paralysis and requires around-the-clock specialist neurological care.
The NHS Trust responsible for his care has since admitted that a CT scan should have been arranged and accepted that it would likely have identified the problem in time for surgery to prevent the catastrophic outcome.
For Oli and his family, the impact has been immeasurable.
What Duty of Care Does A&E Owe?
Patients attending A&E are entitled to receive care that meets a reasonable standard. Healthcare professionals are expected to assess symptoms appropriately, arrange necessary investigations, seek specialist input where required and make safe decisions regarding discharge.
Where patients present with symptoms that may indicate a serious underlying condition, such as neurological symptoms, severe headaches, chest pain or signs of stroke, appropriate investigations are often crucial to ensuring prompt diagnosis and treatment.
Behind Every Statistic Is a Person
Stories such as Oli’s are a powerful reminder that medical negligence claims are never simply about waiting times, hospital pressures, or legal processes.
They are about people whose lives have been altered in ways they never imagined.
Families affected by failures in emergency care often face enormous challenges, including emotional trauma, financial uncertainty, changes to family life and the responsibility of caring for a loved one with significant ongoing needs.
While emergency departments across the country continue to face increasing pressures, every patient is still entitled to receive a reasonable standard of care and appropriate investigations when serious symptoms present.
When Can an A&E Error Lead to an A&E Negligence Claim?
Not every delay or poor outcome means negligence has occurred.
However, concerns may arise where healthcare professionals fail to recognise serious symptoms, arrange appropriate investigations, monitor a patient’s condition, seek specialist advice or make a safe decision about discharge.
To bring a successful claim, it is not enough to show that something went wrong. It must also be established that the failing caused avoidable harm and that the outcome would probably have been better had appropriate care been provided.
Every case is unique and requires careful review of the medical records and independent expert evidence.
Seeking Answers After Unexpected Harm
For many families, pursuing a medical negligence claim is not solely about financial compensation.
Often, people simply want answers.
They want to understand what happened, whether opportunities were missed, and whether the injury or deterioration could have been prevented.
How are A&E Negligence Claims Investigated?
Establishing whether negligence occurred requires a detailed review of the available evidence. This typically includes medical records, hospital documentation and independent expert opinions from appropriately qualified clinicians.
Experts examine whether the treatment provided met the required standard of care and whether earlier intervention would likely have changed the outcome for the patient.
Every case turns on its own facts, which is why obtaining specialist legal advice is often an important first step.
Elizabeth Smith, Senior Injury Litigation Partner, said:
“Cases like Oli’s are heartbreaking because they highlight the devastating impact that delays in diagnosis and treatment can have on patients and their families. We understand that many people come to us looking for answers as much as compensation. When concerns are raised about emergency medical care, obtaining expert legal advice can help establish whether opportunities were missed and provide families with the clarity, support and accountability they deserve.”
Frequently Asked Questions About A&E Negligence Claims
Can I make a claim if my diagnosis was delayed in A&E?
A delayed diagnosis may amount to medical negligence if the delay resulted from substandard care and caused avoidable harm.
How long do I have to make a medical negligence claim?
In most cases, claims must be started within three years of the injury or date of knowledge, although exceptions can apply.
What evidence is needed for an A&E negligence claim?
Medical records, imaging results, witness evidence and expert medical opinions are commonly used to assess whether negligence occurred.
Can I claim on behalf of a family member?
In certain circumstances, claims may be pursued on behalf of children, vulnerable adults or deceased relatives.
How Wolferstans Can Help
Wolferstans is currently acting in a case involving allegations that opportunities were repeatedly missed to review a patient’s treatment and identify emerging risks over a number of years. The case highlights the importance of recognising patterns across multiple healthcare attendances and ensuring concerns are not considered in isolation.
Our specialist Medical Negligence team supports people who have suffered harm following treatment in Accident and Emergency departments.
We investigate concerns including delayed diagnosis, failures to arrange appropriate tests and scans, missed symptoms, inappropriate discharge and failures to refer patients for specialist treatment.
We work closely with independent medical experts to establish what happened, whether the care provided fell below an acceptable standard and whether that failing caused avoidable harm.
Most importantly, we provide clear, straightforward advice and compassionate support throughout the process.
If you have concerns about the care you or a loved one received in A&E, our team is here to help you understand your options and obtain the answers you need.
To learn more about how our specialist Medical Negligence team can help, visit our Accident and Emergency Claims page