Can I Claim Compensation for A&E Negligence?

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You may be entitled to claim compensation if you’ve suffered harm because the care provided by A&E fell below reasonable standards.

If this is the case, then you could be entitled to compensation for the wrongdoing and financial losses you suffered as a result.

Making a Claim for Compensation

If you believe your health suffered because you received inadequate care at A&E, ensure that your medical issues give basis for a negligence claim by firstly starting the NHS complaint process.

Our Medical Negligence Solicitors offer free legal advice on making a claim and can help you make a formal complaint. Ask us if your case can be dealt with on a No Win, No Fee basis.

In general, and with few exceptions, you must bring your claim within 3 years from the time your injury occurred. However, some A&E errors might not be noticed for many months until further symptoms are being assessed by another doctor or nurse.

A&E negligence claims can be complicated, and they involve detailed investigation and a great deal of evidence in order to prove your case. Your injury will also need to be assessed by a relevant medical expert, so we can value your claim.

The amount of compensation will depend on many factors, but our Medical Negligence Solicitors can advise you of previous amounts of compensation awarded in similar cases.

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Accident & Emergency can be a highly pressured and fast-paced working environment, especially when we consider the long hour’s staff often work and the limited resources they have.

But while the care provided by A&E departments is often excellent and meets the highest standards, emergency treatment errors are surprisingly common, leading to variety of medical negligence claims:

Types of A&E Negligence Claims

Delays - A&E departments treat the most serious injuries caused by accidents and adverse reactions, so time is often of the essence. Delays in diagnosis and ultimately in providing treatment can cause illness, lead to initial injuries deteriorating and, to some extent, avoidable death.

So if the delay in diagnosis and treatment was unreasonable and your condition worsened, you may be able to claim compensation for the avoidable pain, suffering and losses caused as a result.

Misdiagnosis - Some illnesses and injuries might be difficult to identify at the relevant time, but this could eventually lead to your injury becoming worse and, in many cases, having fatal consequences. If, after attending an A&E, you were misdiagnosed, then you may be able to claim compensation for the losses caused as a consequence.

Errors in Treatment - This includes the failure to refer for appropriate tests, insufficient examination, misinterpreting test or scan results and mistakes in taking the patient’s history. Failure to admit or sending home can also often give rise to compensation claims.

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