When A&E Goes Wrong: Understanding Your Rights in Accident and Emergency Negligence Claims

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When A&E Goes Wrong: Understanding Your Rights in Accident and Emergency Negligence Claims

Accident and Emergency (A&E) departments are often the most pressurised areas of the NHS. Staff are required to make quick judgements under intense conditions, and for the vast majority of patients, the care they receive is safe and effective. However, mistakes do happen. When errors in A&E lead to avoidable harm, patients may be entitled to pursue a claim for negligence.

This article explains what A&E compensation claims are, outlines common scenarios where they can arise, and sets out how the claims process works, with guidance on how Medical Negligence Assist can provide the expertise needed to secure compensation.

What Is A&E Negligence?

A&E negligence occurs when the treatment provided falls below the standard expected of a competent healthcare professional and this lapse causes injury or makes an existing condition worse. To succeed in a legal claim, three key elements generally need to be established:

• Duty of care – healthcare professionals are legally responsible for providing safe and competent care.
  
• Breach of duty – the treatment given did not meet the accepted standard.
  
• Causation – the shortfall in care directly resulted in harm that could otherwise have been avoided.
  

Situations That Often Lead to A&E Negligence Claims

Emergency care is fast-paced, and while every patient’s case is unique, certain types of mistakes recur more frequently in claims:

• Misdiagnosis or delayed diagnosis – for example, chest pain from a heart attack being mistaken for indigestion, or a broken bone missed on initial assessment.
  
• Failure to investigate – when obvious tests, such as scans or blood work, are not ordered.
  
• Triage mistakes – patients being wrongly classed as low priority, leading to treatment delays.
  
• Medication errors – prescribing the wrong drug or incorrect dosage.
  
• Inappropriate discharge – being sent home when the patient should have been admitted or referred to a specialist.
  

These errors can lead to longer recovery times, permanent injury or, in severe cases, life-threatening consequences. Even when the physical damage is limited, the emotional and psychological effects of poor care can be just as damaging.

What You Can Claim For

The purpose of compensation in medical negligence is to restore the injured person, as far as possible, to the position they would have been in had the negligence not occurred. Depending on the circumstances, a claim may cover:

• General damages – compensation for pain, suffering and emotional distress.
  
• Loss of earnings – including future income if the injury prevents you from working.
  
• Medical treatment costs – such as physiotherapy, private treatment or specialist equipment.
  
• Care needs – support required for daily living, either temporarily or permanently.
  
• Other expenses – for example, travel to hospital or adaptations to the home.
  

Time Limits and Exceptions

In England and Wales, you usually have three years from the date of the negligence — or from when you first became aware of it — to begin a claim. There are important exceptions:

• For children, the three-year period typically starts on their 18th birthday.
  
• For individuals lacking mental capacity, the limitation period can be paused indefinitely, allowing a litigation friend to act on their behalf.
  

Because medical records and witness recollections are easier to obtain sooner rather than later, it is always sensible to seek advice quickly if you think negligence has caused you harm.

The Claims Process Step by Step

Although the idea of pursuing an A&E negligence claim can feel daunting, the process is generally broken down into clear stages:

1. Initial consultation – you explain what happened, and a solicitor advises on whether the case has merit.
   
2. Evidence gathering – collecting medical records, test results and, where appropriate, witness statements.
   
3. Independent expert review – a medical specialist assesses whether the care fell below standard and if this caused avoidable harm.
   
4. Negotiation – many claims are resolved at this stage once liability and damages are established.
   
5. Court proceedings – if settlement cannot be agreed, a case may proceed to court, though most claims settle before this point.
   

How Claims Are Funded

To reduce financial risk, most solicitors handling medical negligence claims offer No Win No Fee agreements, also known as conditional fee agreements. This means that if your case is unsuccessful, you won’t have to pay your solicitor’s legal fees. If the case succeeds, an agreed percentage is usually deducted from the compensation to cover costs, and these terms should always be explained clearly at the outset.

Why Specialist Help Matters

Accident and Emergency negligence claims often involve complex medical decision-making and events that unfold rapidly. Specialist solicitors, working alongside independent medical experts in emergency care, are better placed to identify key failings, present strong evidence and explain technical issues in clear, practical language.

How Medical Negligence Assist Can Help

Medical Negligence Assist has extensive experience supporting patients harmed by mistakes in A&E. They provide:

• Free, no-obligation initial assessments.
  
• Access to independent medical experts in emergency medicine.
  
• Practical help gathering records and evidence.
  
• Skilled negotiation to achieve fair settlements.
  
• No Win No Fee arrangements to minimise financial risk.
  

Their focus is not only on achieving compensation but also on giving clients the reassurance and support they need during a stressful time.

Final Thoughts

A&E departments save lives every day, but when mistakes occur, patients should not be left to carry the burden alone. If you or a loved one has suffered due to negligence in Accident and Emergency, you may have the right to claim compensation.