A&E Claims

What is negligence in A&E?

No one wants to have to visit an A&E department. But when we do need emergency care, we expect to receive the right treatment. This isn’t always the case in reality, though.

First4Lawyers found that emergency medicine as a department saw the highest number of medical negligence claims in England from 2019/20 to 2023/24 – nearly 5,000 in total.

A&E departments are often extremely busy, and mistakes can happen. But if you were treated poorly and suffered harm as a result, you could have an accident and emergency negligence claim.

Examples of A&E negligence include:

• Being administered the wrong medication
• Injuries caused by defective equipment
• Failure to diagnose a condition – misdiagnosed strokes are a common form of A&E negligence
• Having test results lost or misread

If you’re not sure whether you could have a claim, our friendly and knowledgeable team can help. We’ll speak to you about what happened and let you know if you have a strong case.

How do I make an A&E negligence claim?

We understand that the thought of making a claim can be daunting. But it’s only right that you should seek compensation for the negligence you’ve experienced.

We’ve broken down the process of making a claim into five simple steps:

1. Free initial consultation
   When you first get in touch with us we’ll ask you a few questions about what happened and let you know if we think you could have a strong claim. If you do, we’ll ask if you’d like to be put in touch with one of our expert solicitors.
2. Collecting relevant evidence
   Your solicitor will gather any evidence that supports your claim. This could include medical records, your own memory of what happened and witness statements. They may also arrange for you to be seen by an independent medical expert.
3. Contacting the responsible party
   The NHS trust responsible for your injuries will receive a letter of claim from your solicitor. This will set out the details of your case and provide an estimate for the amount of compensation you should receive.
4. Applying for interim payments
   If the NHS trust involved admits responsibility, your solicitor could apply for interim payments on your behalf. These payments are distributed before your case is settled, allowing you to cover any immediate costs like household bills and medical expenses.
5. Settling your compensation
   After a final settlement is agreed, your solicitor will arrange for you to receive your compensation and your legal fees will be paid from this lump sum.

Your solicitor will be by your side at each stage of the claims process, ready to answer any questions you may have. So you won’t go through it alone.

How can First4Lawyers help?

A&E negligence can have life-changing consequences. You may find yourself needing further medical treatment, or you could be facing the cost of making necessary adaptations to your home.

Compensation won’t take away the pain of your experience, but it could help to reduce some of the stress involved.

As well as helping you to pay for medical care, your compensation will take into account your lost earnings if you’ve had to take time off work.

We work with specialist medical negligence solicitors who are experts in accident and emergency negligence claims. They will strive to get you the compensation and support you deserve.

And you don’t need to worry about paying upfront fees when you make a claim with us. We work on a No Win No Fee basis, so you won’t have anything to pay if your claim is unsuccessful.

A&E negligence claim FAQs

Is there a time limit for making an A&E negligence claim?

In most cases of A&E negligence, you’ll have three years to make a claim. But there are some exceptions to this rule.

If you’re claiming on behalf of someone who is lacking the mental capacity to bring a claim, there won’t be a deadline.

Meanwhile, if you’re making a claim for a child, you’ll have until they’re 18 to do so. After this, they’ll have three years to bring their own claim.

We would always advise starting the claims process as early as you’re able to, though. This will help your solicitor when gathering evidence as all the details will still be fresh in your mind.

Will my A&E negligence claim go to court?

It is very rare for A&E negligence claims to go to court as most will be settled through negotiation.

The claims that do go to court tend to be complex cases where negligence is difficult to prove. But again, this is rare, so you shouldn’t let the fear of court proceedings put you off making a claim.

In the unusual event that your case does go to trial, your solicitor will be there to represent you and make sure you’re fully prepared.

How much compensation will I receive for an A&E claim?

The amount of compensation you receive for your A&E negligence claim will depend largely on the extent of your injuries and the overall impact on your life.

If your claim is successful, your compensation will be split into two parts: general damages and special damages.

General damages cover the pain and suffering your injury or illness has caused you and will compensate you for the effect the negligence has had on your daily life.

For an estimate of how much you could receive in general damages, visit our free compensation calculator.

Special damages are slightly different as they will reimburse you for any financial losses you’ve suffered as a result of the negligence. This could include lost earnings or the cost of medical care and equipment.

Who pays for A&E claims?

Successful A&E compensation claims are covered by NHS Resolution – an organisation that essentially acts as an insurer for the NHS.

It’s understandable that you might have concerns about how your claim could affect NHS services. But you shouldn’t let this deter you. Every year, money is put aside for exactly this purpose.

First4Lawyers found that from 2019/20 to 2023/24, NHS Resolution dealt with 39,695 claims against NHS trusts in England. You could be entitled to compensation, too.

I think I have an A&E claim – what should I do?

If you’ve suffered A&E negligence, the most important thing to do is seek medical advice. Your health should be top priority.

After this, you may consider making a claim. We can help you through the process, letting you know what your options are and matching you with one of our experienced A&E negligence solicitors.

There will be no obligation to proceed with a claim after speaking to us. And there’s always the option to call us back at a later time.

To find out more, call the number at the top of the screen, request a callback or start your claim online with our quick and easy claims form.