Accident and Emergency (A&E) Claims
If you have been harmed because of a mistake by a medical professional in an accident and emergency (A&E) department, A&E claims can help you receive compensation for the physical and psychological harm caused.
Negligent treatment in A&E can lead to severe consequences, including delayed diagnoses, improper medical care, or worsened conditions. If you or a loved one have suffered due to negligence in an A&E department, you may be entitled to claim compensation.
At JMW, we provide expert legal advice to help you understand your rights and navigate the A&E claims process. Our team of experienced A&E negligence solicitors works tirelessly to ensure you receive the support and compensation you deserve, helping to hold medical practitioners accountable and improve standards of care across the UK healthcare system.
Call us on 0345 872 6666 or complete our online enquiry form for a free initial assessment of your A&E compensation claim Our lawyers will discuss your situation in more depth and advise you on the best way to proceed your case in order to secure the best possible outcome. We are able to take on cases on a no win, no fee basis.
On This Page
- What Our Clients Say
- How JMW Can Help
- Meet Our Team of Medical Negligence Experts
- Case Studies
- What Are the Common Causes of Negligence in A&E Departments?
- What Types of Injuries or Issues Can I Claim For A&E Negligence?
- How Do I Know if I Have a Valid A&E Claim?
- What Is the A&E Claims Process?
- A&E Claims FAQs
What Our Clients Say
How JMW Can Help
Our dedicated solicitors understand that things can and do go wrong, even when under the supervision of a medical professional. We also realise that one of the last things you will want while suffering is to deal with complicated legal proceedings.
The team takes a proactive and professional - yet sensitive - approach to all cases. We know that some subjects may be difficult to discuss, but our aim is to make you feel comfortable as we guide you through the entire process, from beginning to end
Our solicitors are highly experienced in claims against the NHS and private healthcare providers on behalf of clients who have suffered due to medical negligence.
JMW’s clinical negligence solicitors are among the most highly regarded in the UK, and we are extremely experienced in securing significant financial awards for our clients.
The team includes both members of the Law Society's specialist panel for clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitor’s panel.
Meet Our Team of Medical Negligence Experts
The medical negligence solicitors at JMW are among the most respected in the UK thanks to their professional and proactive approach.
Case Studies
Midwife errors cause baby to be born with brain damage - £25 million in compensation
JMW successfully secured £25 million in compensation after appalling errors were made by a midwife during her birth, leaving her with severe disabilities including brain damage and cerebral palsy.
Delay in diagnosing cancer of the gullet (Oesophagus) - £850,000 in compensation
JMW successfully secured £850,000 in compensation for John who was wrongfully diagnosed with heartburn and was failed to be diagnosed with a tumour in his gullet, until it was too late to remove it.
What Are the Common Causes of Negligence in A&E Departments?
Negligence in A&E departments can occur for various reasons, often resulting from errors, oversights, or a failure to follow established medical protocols. Common causes of A&E negligence include:
- Misdiagnosis or delayed diagnosis: Medical professionals in A&E often work in fast-paced environments, which can lead to rushed or incorrect diagnoses. Misdiagnosing conditions such as strokes, fractures, or sepsis can delay life-saving treatment and lead to severe complications.
- Delayed treatment: A&E patients often require immediate care, but delays in treatment can result in further injury or worsening conditions. For example, a delay in treating a heart attack or performing surgery can have fatal consequences.
- Medication errors: Errors in prescribing or administering medication, such as giving the wrong dosage or drug, can lead to serious harm. These mistakes are particularly dangerous in emergency situations where precision is critical.
- Inadequate or incorrect discharge: Discharging a patient without conducting appropriate tests or follow-up care can leave underlying issues untreated. This is a common cause of subsequent injury or complications.
- Failure to review or act on test results: Negligence may occur if medical practitioners fail to properly examine X-rays, scans, or blood tests, resulting in missed diagnoses or inappropriate treatment.
- Overcrowding and staffing issues: While not always directly the fault of medical professionals, systemic problems such as understaffing or overcrowding can lead to rushed decisions and a higher likelihood of errors.
- Lack of communication: Poor communication among medical staff or with the patient can result in misunderstandings about symptoms, medical history, or necessary treatments.
Each of these causes highlights the importance of holding healthcare providers accountable when negligence occurs. By pursuing an A&E negligence compensation claim, you can help to improve standards of care, reducing the risk of similar errors affecting others.
What Types of Injuries or Issues Can I Claim For A&E Negligence?
If you have suffered harm due to negligence in an A&E department, you may be entitled to claim compensation for a wide range of injuries or health issues. These vary in severity but often involve preventable complications caused by delayed or improper care. Common injuries and issues include:
- Misdiagnosed or untreated conditions:
- Sepsis: Failure to recognise or treat sepsis promptly can lead to life-threatening complications.
- Fractures: Misdiagnosed or undiagnosed fractures can result in improper healing and long-term pain.
- Heart attacks and strokes: A delayed diagnosis of these critical conditions can cause irreversible damage.
- Worsened injuries due to delayed treatment: Injuries such as head trauma, spinal injuries, or severe lacerations that are not addressed promptly may result in further medical complications that could have been avoided with timely intervention.
- Additional harm from incorrect treatment:
- Wrong medication or dosage: Receiving the incorrect medication or dosage can worsen an existing condition or cause new health issues.
- Surgical errors: Errors in emergency surgeries, such as failing to minimise the risk of infections or operating on the wrong site, can lead to significant harm.
- Infections or complications from inadequate care: Negligence, such as failing to maintain hygiene standards or monitor wounds, can lead to infections or other avoidable complications.
- Long-term or permanent disabilities: In severe cases, A&E negligence can result in lifelong disabilities or chronic conditions, significantly impacting a person’s quality of life.
- Fatal consequences: If a loved one has tragically passed away due to negligent treatment, you may be able to claim compensation on their behalf to help secure justice and financial support during a difficult time.
At JMW, we understand how devastating these outcomes can be. Our expert medical negligence team provides compassionate support and expert legal advice to help you make an A&E negligence claim.
How Do I Know if I Have a Valid A&E Claim?
To have a valid A&E claim, certain criteria must be met. A successful claim typically requires:
- Evidence of substandard care: The treatment you received in the A&E department fell below the standard expected of competent medical professionals. This could include instances of misdiagnosis, delayed treatment, or being discharged without proper care.
- Proof of harm or worsened condition: The negligence directly caused additional injury, worsened your condition, or led to unnecessary suffering. For example, a delayed diagnosis of a serious condition could result in long-term complications or the need for further medical treatment.
- A link between negligence and harm: It must be proven that the harm you experienced was directly caused by the negligent care you received.
At JMW, our experienced solicitors assess each case individually to determine whether you have a strong accident and emergency claim. We review your medical records, gather supporting evidence, and provide expert legal advice to help you understand your options.
What Is the A&E Claims Process?
Making an A&E negligence claim may feel overwhelming, but at JMW, we make the process straightforward and manageable. Here’s what the claims process involves:
- During an initial consultation, we discuss your case to determine if you have a valid claim. Our clinical negligence solicitors provide a free, no-obligation consultation to help you understand your options.
- Our team gathers evidence to support your claim. This includes obtaining medical records, securing witness statements, and consulting medical experts to demonstrate that negligent treatment occurred and caused harm.
- Once evidence is collected, we formally notify the responsible party, such as the NHS or a private healthcare provider, to begin the accident and emergency negligence claims process.
- Many claims are resolved through negotiation. We work to secure a fair settlement without the need for court proceedings, saving you time and stress.
- If a settlement cannot be reached, we guide you through court proceedings. Our experienced solicitors present your case thoroughly, to give you the best possible chance of achieving maximum compensation.
At JMW, our goal is to make the process of pursuing an A&E negligence compensation claim as smooth as possible. We are here to support you every step of the way, and help you secure justice and the compensation you deserve.
We also believe that everyone should have access to expert legal representation, regardless of their financial situation. That’s why we offer a no win, no fee agreement for A&E negligence claims. This arrangement allows you to pursue justice and compensation without worrying about upfront legal costs or financial risk.
Under a no win, no fee agreement, you only pay for our services if your claim is successful. If your case does not result in compensation, you will not owe us any legal fees. This allows you to focus on your recovery and the claims process without the stress of financial uncertainty.
Our experienced solicitors will explain the terms of the no win, no fee agreement clearly, so you fully understand what’s involved before proceeding.
A&E Claims FAQs
- How long do I have to make a claim?
If you are considering making an A&E claim, it is crucial to be aware of the time limits for filing a claim. In most cases, you have three years from the date the negligence occurred or from when you became aware that the harm you suffered was due to negligence.
There are some exceptions to this rule:
- For children, the three-year time limit begins on their 18th birthday, giving them until they turn 21 to make a claim.
- If the injured person lacks mental capacity, there is no time limit for making a claim until they regain capacity.
It is always advisable to begin the claims process as soon as possible. Acting promptly allows for easier collection of evidence, including medical records and witness statements, which are vital for building a strong case.
- What evidence do I need to support my claim?
To make a successful A&E negligence claim, you need strong evidence that demonstrates the care you received fell below the expected standard and caused you harm. Key types of evidence include:
- Medical records: Your medical history, including records of your treatment at the A&E department, provides essential details about the care you received and any errors that occurred.
- Expert medical opinions: Independent medical professionals can review your case to determine whether negligence occurred and how it affected your health.
- Witness statements: Statements from family members, friends, or others who observed your care or condition can support your claim.
- Personal notes: Keeping a record of your symptoms, how the negligent treatment has affected your life, and any financial losses incurred, such as missed work or additional medical expenses, can strengthen your case.
- Evidence of financial loss: This includes payslips, receipts for medical expenses, and other documentation showing the financial impact of the negligence.
At JMW, we guide you through gathering the evidence needed for your claim. Our team ensures no detail is overlooked, helping you build a compelling case to secure the compensation you deserve.
- How long should an ambulance take to respond?
Ambulance response times are critical in emergencies and can significantly impact patient outcomes. In the UK, response times are categorised by the severity of the incident:
- Category 1 (Life-threatening conditions, such as cardiac arrest): Ambulances aim to respond within 7 minutes on average.
- Category 2 (Serious emergencies, such as strokes or chest pain): The target response time is 18 minutes on average.
- Category 3 and 4 (Less urgent cases): Response times may vary significantly and often depend on local demand.
If a delay in ambulance response time has contributed to your injury or worsened your condition, this may form part of an A&E negligence claim. Ambulance services are an integral part of the UK healthcare system, and any failures in response times that lead to further harm should be addressed.
JMW’s expert solicitors can assess cases involving delayed ambulance responses to determine whether the delay constitutes negligence. If you believe an ambulance delay has caused additional harm, we can help you pursue compensation as part of your claim.
- Who pays for A&E negligence claims?
When you make an A&E negligence claim, compensation is typically paid by the organisation responsible for the negligent care. In cases involving private healthcare providers, the claim is paid through their indemnity insurance. Otherwise, the responsible party is most often the NHS, which has a dedicated body, NHS Resolution, that handles claims on its behalf.
It’s important to understand that compensation does not come directly from the medical professionals involved in your treatment. Instead, it is covered by the organisation’s insurance or indemnity scheme, ensuring patients can seek justice without placing undue pressure on individual staff members or hospital budgets.
- How long will the A&E claims process take?
The length of time required to resolve an A&E negligence claim varies depending on the complexity of the case and the willingness of the responsible party to settle. On average, the claims process takes between 12 and 18 months for straightforward cases, while more complex claims may take several years.
Factors that can influence the duration of your claim include:
- The severity of your injury and the time needed to fully assess its impact on your life.
- The availability of evidence, such as medical records, witness statements, and expert opinions.
- Whether the responsible party admits liability or disputes the claim.
- The need for court proceedings if a settlement cannot be reached.
At JMW, our clinical negligence team works efficiently to progress your claim as quickly as possible while ensuring no detail is overlooked. We provide regular updates and clear communication throughout the process, keeping you informed every step of the way.
- How much compensation could I receive?
The amount of compensation awarded for an A&E negligence claim depends on several factors, including the severity of the harm caused, the financial losses incurred, and the impact on your quality of life. Compensation is typically divided into two categories:
- General damages: These compensate for the pain, suffering and loss of amenity caused by negligent treatment. For example, if delayed diagnosis or inadequate care have left you with long-term complications, general damages will reflect this impact on your life.
- Special damages: These cover financial losses and expenses resulting from the negligence. Examples include lost earnings, costs for additional medical treatment, travel expenses for appointments, and necessary home adaptations.
Every claim is unique, and the compensation you may receive depends on the specific circumstances of your case. At JMW, our solicitors carefully assess all aspects of your claim to ensure you receive the maximum compensation possible.
We can provide a clearer estimate of your potential award after reviewing your case details and medical records. Contact us to discuss your claim and take the first step towards securing justice.
- Can I claim on behalf of a loved one?
You can make an A&E negligence claim on behalf of a loved one in certain circumstances. This may apply if your loved one has passed away, is unable to pursue the claim themselves due to mental incapacity, or is a child under the age of 18.
- Claiming for a child: If a child has suffered due to negligence in an A&E department, a parent or guardian can act as their “litigation friend” and bring a claim on their behalf. Once the child turns 18, they can pursue the claim independently if it has not already been resolved.
- Claiming for someone who lacks capacity: If your loved one cannot make decisions for themselves, you may bring a claim on their behalf under the Mental Capacity Act. This often applies in cases where negligence has resulted in severe brain injuries or other incapacitating conditions.
- Claiming following a death: If negligence in an A&E department has led to the death of a loved one, you may be able to claim compensation for the emotional and financial impact on their dependents. This can include covering funeral expenses, loss of income, and support for those left behind.
At JMW, we handle these claims with the utmost sensitivity and professionalism. Our solicitors are experienced in supporting families through these challenging situations, ensuring you receive expert legal advice and the support you need throughout the process.
Talk to Us
The first step in making a successful accident and emergency claim is to speak to the clinical negligence solicitors at JMW. Doing so could not be easier, simply complete our online enquiry form or give us a call on 0345 872 6666. We are able to take on some cases on a no win, no fee basis.
