Accident and Emergency Compensation Claim Solicitors

How do I make a compensation claim for negligence in an A&E department?

The best way to find out your legal rights to make a medical negligence claim in A&E is to speak to one of our specialist medical negligence claims solicitors.

We will advise you of your legal rights, help you gather your medical records and evidence, how much compensation you may be entitled to claim, and how long the process may take.

What types of A&E negligence can I claim compensation for?

The most common types of A&E negligence claims come under several categories, including medical misdiagnosis, delayed treatment or diagnosis, medication errors, infections and inappropriate discharge.

Medical misdiagnosis

Failure to properly examine a patient, not taking into account their medical history, or misinterpreting test results are all examples of a negligent medical misdiagnosis.

Missed or delayed diagnosis

You may have received negligence care if a medical professional was unable to identify your symptoms quickly enough or had missed them entirely, leading to a worsening of your condition.

Delayed treatment

If your condition worsened because you were not able to see a doctor within a reasonably expected period of time, you may have a right to claim compensation.

Delayed or incorrect triage

Triage nurses in A&E evaluate every patient on a scale of importance. The government sets these guidelines. If your triage was delayed, or you were incorrectly triaged and this led to a worsening of your condition, you may be able to claim compensation.

Negligent treatment or errors

Compensation for negligent treatment that lead to a worsening of your condition could include simple patient care oversights, such as failing to take your blood pressure, or adequately monitor you, through to A&E doctors not making sufficient efforts to diagnose correctly, failing to refer you for tests or scans, or by not seeking a second opinion from a more senior colleague.

Incorrect treatment

Negligence for incorrect treatment could include being sent for the wrong type of tests, scans or x-rays, or being provided the incorrect medication.

Medication errors

If you are misdiagnosed or treated incorrectly, you may have been given the incorrect dosage or the wrong medication, leading to further complications or a worsening of your symptoms.

Failure to refer

You may be able to claim compensation if your medical professional failed to refer you to a more specialised medical care, or referred you to the incorrect department.

Infections or illnesses

You may have a right to claim compensation if you picked up an infection or illness while in the care of the A&E department.

Inappropriate discharge

You may have received negligent care if you were allowed to leave the hospital without a complete assessment of the risks involved, and this lead to a deterioration of your symptoms.

Negligent patient care

You may be able to claim if you were not cared for adequately while in the care of the medical professionals in A&E. Examples may include if your condition deteriorated and this was not noticed through adequate monitoring, or if you fell or were injured while being moved, or during your examination.

How much compensation can I claim for negligent A&E care?

There is no fixed amount of compensation you can claim for A&E negligence.

The amount you may be able to claim will vary greatly depending on the specifics of your case, such as the type and severity of the injury or illness and financial losses incurred. A successful claim can range from a few thousand pounds for a minor injury or illness to over £1 million for more serious cases.

The amount of compensation you may receive will depend on several factors, including:

• The severity and type of injury or illness you have suffered
• The level of pain and suffering you have experienced and may continue to experience
• Your medical costs to date, and the cost of ongoing medical treatment, and the care you may need
• Your loss of earnings, including future earnings
• The unique circumstances of your case.

The intention of awarding financial compensation is to put the claimant back in the position they would have been in had the negligence never occurred.

How is compensation calculated for an accident and emergency negligence claim?

Compensation amounts for negligence in A&E are calculated by combining the compensation you may be legally entitled to for both general and special damages.

General damages amounts relate to the severity of your injury or illness and the pain and suffering you may have experienced.

Special damages amounts are awarded for any additional costs you may have incurred, such as medical expenses, ongoing care you may need, and any potential future loss of earnings.

Our specialist medical negligence solicitors recognise that no amount of money can make up for what you may have suffered, so we take the utmost care and consideration to ensure you are compensated correctly in relation to your case, the effects it has had on your life, as well as your loss of earnings and changes to your lifestyle.

When can I make a no win no fee A&E negligence claim?

You may have a legal right to make a no win no fee claim for A&E negligence if you have received negligent or sub-standard care by a medical professional while in A&E that has caused pain, trauma, injury, illness or the worsening of an existing medical condition.

Our medical negligence solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include legal fees, medical reports, court costs, and other expenses.

Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.

Who is responsible for paying compensation for A&E negligence claims?

Compensation for A&E negligence claims is paid for by NHS Resolution. Compensation is not paid directly by a particular hospital, doctor, or nurse.

It is well known that NHS services are stretched, and for some, the idea of taking money out of the NHS budget is something that they do not sit comfortably with.

However, as part of their annual budgets, each NHS Trust pays a yearly premium to NHS Resolution for fair resolution of negligence claims.

According to NHS Resolution, the total budget for the NHS was reported to be £180 billion, with £2.8 billion paid out in compensation in 2023/24 as part of £5.1 billion in estimated “cost of harm” expenses, totalling just under 3% of the total budget.

How long do I have to make a claim for A&E negligence?

The time limit for claiming A&E negligence is three years from the date the negligence took place. Alternatively, you have up to three years from the date you first became aware that the treatment you received was the cause of your injuries or illness.

However, there are some exceptions to the three-year limit. These include:

• Children have up to three years from the date of their 18th birthday to start a claim.
• Individuals with limited mental capacity are exempt from the three-year time limit, which only begins once their condition improves to the point where they can claim for themselves.

We recommend starting your medical negligence compensation claim as soon as possible, as this will help us collect all the necessary evidence to present the strongest case.

Can I make a claim for compensation for negligent care in A&E on behalf of someone else?

Yes, you can claim for A&E negligence on behalf of someone else in the following circumstances:

Claiming on behalf of a child

Children cannot legally claim themselves until they reach 18. Commonly known as a “litigation friend,” a parent or legal guardian can claim on their behalf. As a litigation friend, the person has a legal duty to act in the best interests of the person for whom they are claiming.

Claiming on behalf of someone with diminished mental capacity

If the person who has been a victim of medical negligence may not have the mental capacity to claim for themselves, a legally designated person may be able to claim on their behalf.

Claiming on behalf of someone who has died

In the very unfortunate circumstances that a person has passed due to A&E negligence, you may be able to claim on behalf of their estate and on behalf of anyone dependent on them.

What do I need to prove to make an accident and emergency negligence claim?

A successful A&E medical negligence claim will need to prove that the standard of care you received fell below the reasonably expected acceptable standards and that the healthcare professional was negligent, and this caused your injury, illness, or your existing condition to worsen.

To do this, our expert medical negligence solicitors will examine four key areas relating to the quality of medical care you received.

Duty of care

All healthcare professionals are legally required to provide a “reasonable” level of care to their patients. The first step is to discover if the level of care you received while in A&E fell below the accepted standard.

Breach of duty

Proving that the medical professional or professionals who treated you in A&E failed to provide the legally required level of duty of care.

Causation

Proving that the actions of the healthcare professional were the cause of your condition or injury.

Damages

Providing evidence that the negligence has negatively affected your life.

What evidence do I need to provide to start a medical negligence claim?

While discussing your claim with our specialist clinical negligence solicitors, we will ask for information you can provide to support your case.

Such information may include, but isn’t limited to:

Your medical records

We will build a comprehensive file including all records of treatment you received when you were in A&E, including, where applicable, medical notes, x-rays and scans. Such documents are vital in proving negligence.

A statement from yourself

The more information you provide, the better we can advise you of your rights and build a compelling case on your behalf.

Typically, such information may include the date and time of your visit, the names of the health care providers who treated you (if possible), the nature of the treatment you received, and how the treatment has lead to your injury, illness or a worsening of an existing condition.

Don’t worry if you don’t have all of this information. Our experienced solicitors can collect this information on your behalf.

What is the A&E negligence claim process?

There are several stages involved in claiming for negligent A&E care. The following provides a breakdown of what to expect during the process:

Initial consultation with our team

During your free, no-obligation initial consultation, we will discuss the details of your case, including what mistakes you believe were made in the medical care you or your loved one received.

At this point, we will assess whether your claim justifies further investigation and then discuss the next steps and the various funding options.

Building your case

We will first need to establish the facts of the case clearly. This will involve various steps, including applying for medical records, taking witness statements and getting medical reports from independent medical experts to establish the extent of your or your loved one’s injuries.

Letter of notification

This is an initial letter to the healthcare provider responsible (typically NHS Resolution) for your care when the alleged medical negligence occurred.

This notifies them that you intend to bring a claim and allows the other party to offer an early resolution.

Submitting your claim

This involves sending a letter of claim to the defendant and setting out the facts of the case in detail, including exactly what errors we believe were made, the impact on you or your loved one’s health, and how much compensation you are seeking.

The Defendant’s response

The Defendant is required to respond within 4 months of receiving your letter of claim. Their response will usually either admit that negligence occurred and offer a settlement or deny that negligence occurred.

We will then discuss with you whether to accept the response or take further action if no settlement is offered or if you are unhappy with the level of settlement offered.

Issuing court proceedings

If the matter has not been resolved to your satisfaction by this point, we can initiate court proceedings. We will draft and submit ‘Particulars of Claim’ to the relevant local court, and the defendant will have 28 days to respond.

The court will then assign a court hearing date, typically around 18 months from when the Defendant responds to proceedings.

However, it is worth noting that most claims that reach this point will be resolved through a pre-trial settlement, meaning you rarely need to wait for or attend your hearing date.

Pre-trial settlement negotiations

While waiting for the hearing date, we will negotiate with the Defendant and their legal team to agree on a pre-trial settlement. These negotiations are usually successful, allowing claims to be resolved faster and avoiding the need for you to appear in court.

Court hearing

If a pre-trial settlement cannot be agreed upon, you will probably need to attend a hearing before a judge. We have extensive experience with these hearings, ensuring your case is presented in the strongest possible way, with every angle considered. Our skilled advocacy gives you the best chance of a fair outcome, no matter how your claim progresses.

How long do A&E negligence claims take?

How long an A&E claim may take will depend on how complex the case is.

Typically, medical negligence claims can take up to 18 months or more to settle.

For more straightforward claims where liability is accepted, claims may be settled earlier than this, but for more complicated claims, the time frame could be longer.

As each claim is unique, unfortunately, there is no simple answer. However, our specialist medical negligence solicitors can advise you on how long your claim may take once they start to understand the specifics of your claim.

How much does it cost to make an A&E negligence claim?

Our A&E negligence claims are provided on a no win no fee basis.

This means you are protected from paying a fee if your claim is unsuccessful.

For successful claims, a percentage of your compensation is typically paid to your solicitor for their legal services. We will explain the exact nature of what fees may be charged once you contact us to discuss your claim.

Do I have to go to court to make a medical negligence claim?

According to NHS Resolution, 81% of medical negligence claims were settled outside court in 2023/24.

Using the Ministry of Justice’s Pre-Action Protocol for the Resolution of Clinical Disputes, settling through negotiation and other non-confrontational dispute resolution methods is usually possible. This means claims can typically be resolved faster and at a lower cost to you while allowing you to avoid the need to attend a court hearing.

Will I still be able to access NHS healthcare if I sue for A&E negligence?

Yes, your right to access healthcare services from the NHS remains the same during and after your claim.

Additionally, your level of care should remain the same, and it is unlawful for any healthcare professional or organisation to treat you differently or to refuse treatment.

How are patients triaged when entering accident and emergency departments in the UK?

NHS England provides guidelines on how patients should be assessed when entering A&E.

The guidelines state that patients should be assessed according to two main factors.

Chief complaint or suspected diagnosis: the chief complaint is the primary problem the patient is presenting with, as initially assessed by a clinician

Acuity: acuity is a measure of the severity of the patient’s condition and the urgency with which they need to be seen and assessed by a clinician qualified to do this through training and experience.

Acuity is assigned a score of 1 to 5 as follows.

• Immediate emergency care
• Very urgent emergency care
• Urgent emergency care
• Standard emergency care
• Low acuity emergency care

Why choose Wolferstans to make your claim?

Our team of dedicated, specialist medical negligence solicitors have decades of experience helping clients to claim compensation under even the most challenging circumstances.

With a proven track record of successful claims, often achieved without needing you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.

Wolferstans is Lexcel accredited, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.

Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:

Headway – the brain injury association
The Spinal Injuries Association
The Brain Injury Group
APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)
Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists and by APIL as Brain Injury Specialists.