Accident and Emergency Claims

Hospital Accident & Emergency departments are usually the first place we go when we have serious concerns about our health, so any errors made in our care can have potentially catastrophic consequences.

If you believe you received negligent A&E care that had a negative impact on your long-term health, you may be entitled to compensation. These types of claims can be complicated and require expert handling to give you the best chance of a successful outcome, so specialist legal advice is a must.

Wolferstans medical negligence solicitors have many years of experience with A&E negligence claims, having secured millions of pounds in compensation for our clients. This experience means we know exactly what is needed for a strong claim and can ensure no detail is missed and no angle is overlooked.

With our skilled advocacy and strong expertise in non-confrontational dispute resolution, we can usually resolve claims faster and at lower cost, while allowing you to avoid the need for court action.

Our experience also means we can offer a highly accurate assessment of the value of your claim, helping to make sure you do not end up settling for less than you may have been entitled to – something which is always a risk with less experienced firms.

We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.

To arrange your consultation please contact the new client team on 01752 648888

Our A&E claims service

We work with clients throughout England and Wales on a wide range of Accident and Emergency compensation claims, including those related to:

  • Failing to admit patients who needed treatment
  • Mistakes taking patient history
  • Failing to correctly examine a patient
  • Failing to notice relevant symptoms
  • Failing to order or carry out appropriate diagnostic procedures
  • Misinterpreting the results of diagnostic procedures
  • Providing no treatment or incorrect treatment
  • Failing to notice a patient’s condition worsening
  • Inadequate aftercare following surgery or other treatments
  • Patient neglect

Read about some of the cases we have successfully pursued in relation to Accident and Emergency claims.

How Accident and Emergency claims work

Our clinical negligence lawyers will expertly guide you through every stage of the claims process, helping to make it as simple and straightforward as possible.

A typical A&E negligence claim will involve:

  • Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
  • Contacting the relevant healthcare provider with the details of your claim.
  • Ensuring the defendant responds to your claim in a timely fashion.
  • Assessing the defendant’s response and advising you of your options.
  • Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
  • Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.

Find out more about the process of making a clinical negligence claim.

Funding an Accident and Emergency compensation claim

We don’t want anyone to be put off by concerns about how a claim will be funded. No matter your circumstances, if we believe you have a valid claim, we will find a suitable funding option that works for you.

Most of our medical negligence clients work with us on a no win, no fee basis, also known as a ‘conditional fee agreement’. This means you will not need to pay anything towards legal fees or expenses at the outset and will only need to make a contribution towards your legal costs if your claim is successful.

Where we do secure compensation for you, the amount you pay will be based on a percentage of any settlement we secure, so you will have complete transparency from the outset and will always get the maximum benefit from any compensation we win for you.

Another common way of funding a medical negligence claim is using legal expenses insurance. This sometimes comes as an optional extra with home insurance, as well as being offered with some bank accounts and credit cards, so it is worth checking whether you have this type of cover when considering your options.

To discuss your options for covering the cost of an Accident & Emergency claim, please don’t hesitate to get in touch.

Find out more about funding a medical negligence claim.

Our expertise in Accident and Emergency claims

We have been helping clients to pursue A&E negligence claims for many years, becoming highly respected for our strong track record of success. We have secured millions of pounds in settlements and court-awarded damages over the years, making us a safe choice no matter how complicated your claim may seem.

Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care

Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.

Common questions about A&E compensation claims

You will normally have 3 years to bring a claim for any type of medical negligence. This time limit will either be counted from when the negligence occurred or when you became aware of its impact e.g. when later examined by another doctor.

If the person injured as a result of A&E negligence was under 18 at the time, you will have until they turn 18 to bring a claim on their behalf. After this they will have another 3 years to bring a claim on their own behalf i.e. until their 21st birthday.

Where the person affected has been left without the ability to bring a claim, i.e. they lack capacity, there is no time limit for someone to bring a claim on their behalf.

If a loved one has died as a result of A&E negligence, the 3-year time limit will normally apply from when negligence occurred. However, if the death occurs during this 3-year period, the personal representatives of the deceased’s estate will normally be allowed an additional 3 years from the date of death to bring a claim.

Determining whether the relevant time limit has expired can be extremely complicated, so it is always worth seeking the advice of a specialist medical negligence lawyer, however long ago the negligence occurred.

This will typically be determined by the seriousness of the impact on the person’s health and lifestyle due to any errors made in their care.

In a negotiated settlement, a significant factor will be the value both sides’ legal teams place on the claim and their relative skill at negotiation, which is why it is strongly advisable to use lawyers with specific experience in these types of claims.

Depending on the situation, you may be able to claim two types of compensation – special damages and general damages

Special damages – Covering specific financial losses incurred up to the date of settlement e.g. treatment costs, buying special equipment and loss of earnings as a result of having to give up work.

General damages – Covering non-financial losses e.g. compensation for pain and suffering and changes to your lifestyle, as well as likely future financial losses and expenses you expect to experience as a result of the injuries sustained.

The vast majority of medical negligence claims are settled out of court, either by agreeing a settlement before court proceedings are initiated or with a pre-trial settlement after we start court proceedings.

This is usually to your advantage as it means we can generally resolve your claim faster and at lower expense while allowing you to avoid the stress of appearing in court.

In those very rare situations where no out of court settlement can be agreed, we have the experience and expertise to offer the best possible support and representation to help you achieve a fair outcome.

Further information about Accident and Emergency claims

For more information about A&E negligence claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.

Start an Accident and Emergency claim with us today

To arrange a free initial no obligation consultation and find out more about starting an A&E negligence claim contact us.

To arrange your consultation please contact the new client team on 01752 648888