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If you or a loved one has suffered following negligent care in an A&E department, our Medical Negligence solicitors might be able to help. We offer a free initial claims assessment to understand what happened and explain whether there may be grounds to take the matter further.
A&E departments can be busy and fast-paced environments, with healthcare professionals often making important decisions under significant pressure. Whilst most patients receive an appropriate standard of care, mistakes can happen and, in some cases, may amount to medical negligence if they cause avoidable harm.
Where negligence has caused a serious injury or made an existing condition worse, compensation may help meet the cost of treatment, rehabilitation, care and other support you need. A claim may also help establish what happened and provide answers about the care you received.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010
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We may be able to advise and support you in circumstances involving:
If you're unsure which category applies to your situation, a free claims assessment from one of our expert advisors can help identify whether your experience amounts to negligence and if a compensation claim can be brought forward.
Our team has experience supporting people with claims involving A&E and emergency treatment. We understand that concerns about the care you received during an emergency can be difficult to deal with, particularly where your condition has worsened or you have been left with long-term effects.
When you speak to our team, we will take the time to understand what happened and explain whether there may be grounds to investigate a claim. Our team has experience supporting people with medical negligence claims and will explain your options clearly throughout the process.
Bringing an A&E negligence claim isn't easy, especially when you went to hospital trusting that staff would recognise how serious your condition was, only for that not to happen. It's common to feel unsure about pursuing a claim against an emergency department you turned to for help but claims like these exist for a reason: to hold the hospital or trust responsible for what happened, and to give you the financial support you need to recover, whether that means adapting your home, adjusting your vehicle, or finding new ways to live with independence.
In some cases, it may also be possible to seek interim payments before the claim is concluded, where the relevant legal requirements are met. These can help with immediate needs such as rehabilitation, treatment or care whilst the claim is ongoing.
For a free, confidential initial assessment, call 0800 260 5010 or use the online callback form to speak with our team at a time that suits you most.
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Negligent A&E care happens when the treatment you received fell below the standard a doctor or nurse should have provided, and that failure left you worse off. Missed injuries, wrong symptom assessments, and mistakes during emergency treatment are the most frequent causes we see.
You will usually need to show that the care you received fell below an acceptable standard and that this caused you avoidable harm or made an existing condition worse. If we take your claim forward, we will obtain the relevant medical records and, where needed, instruct independent medical experts to provide an opinion on the care you received and whether it caused or contributed to your injuries.
You generally have three years from the date of the negligent treatment to bring a claim, under the Limitation Act 1980. If the harm only becomes apparent later, the three-year period may instead run from the date you first knew, or could reasonably have known, that the treatment may have caused you injury.
Different time limits can apply in some circumstances, including claims involving children or people who lack mental capacity. Because evidence can become harder to obtain over time, it is usually best to seek legal advice as soon as you feel ready to do so.
You don't have to, but we often recommend lodging a formal complaint alongside your claim, since the trust's response can add useful evidence to your case.
There is no fixed amount. Compensation is usually made up of general damages and special damages. General damages reflect the pain, suffering and loss of amenity caused by your injuries, including the impact on your day-to-day life and any long-term effects. Special damages cover financial losses and expenses caused by the negligence, such as loss of earnings, treatment, rehabilitation, care or travel costs.
If we take your claim forward, we may instruct an independent medical expert to assess your condition and prognosis. This evidence will help us understand the impact of your injuries and value the claim appropriately.
In many cases, we may be able to offer a Conditional Fee Agreement, commonly known as a No Win, No Fee agreement. If this funding option is available to you, we will explain how it works and any potential costs before you decide whether to proceed.
After the Event (ATE) insurance may also be available to help protect you against certain costs if your claim is unsuccessful. Depending on the policy, this may include some of the other side’s legal costs and expenses associated with the claim, such as expert fees and court fees.
Where appropriate, we can apply for an interim payment, giving you funds for rehabilitation and care while your case is still being worked through. This can make a real difference if you need urgent treatment or support before your claim reaches a final settlement. Your solicitor will also work with a Rehabilitation Case Manager if required, who will co-ordinate multi-disciplinary teams such as physiotherapists and counsellors and plan your therapies.
In some circumstances, yes. You may be able to act on behalf of someone who lacks the mental capacity to manage their own claim, usually as a litigation friend. If a loved one has died because of negligent emergency care, certain family members or representatives may also be able to bring a claim, depending on the circumstances.
Our team can explain whether you may be able to act on someone else’s behalf and what the next steps would involve.
If we are able to take your claim forward, we will usually obtain your medical records and other relevant evidence. Where needed, we may instruct independent medical experts to assess the care you received and whether it caused or contributed to your injuries.
If the evidence supports the claim, we will notify the relevant NHS Trust, NHS Resolution or private healthcare provider and work to resolve the matter. Many claims settle without the need for a final court hearing.
Yes, your claim isn't limited to NHS emergency departments. Private hospitals and urgent care centres owe you the same duty of care as an NHS trust.
Being sent home without proper investigation or follow-up, only for your condition to become worse afterwards, can amount to negligence if a competent clinician would have kept you in for observation or further tests. These claims often depend on whether the discharge decision matched your symptoms at the time.
Children can present with symptoms that are harder to interpret, but emergency staff must still meet the standard of care expected for paediatric patients. As a parent or guardian, you can bring a claim on your child's behalf, and the three-year limit doesn't start until they turn 18.
We'll usually request your full medical records, including triage notes, test results, and discharge summaries, to build a clear picture of what happened during your A&E visit. Keeping your own notes on symptoms, dates, and conversations with staff can also strengthen your case.
To speak with us today for a free initial consultation with our medical negligence team, call 0800 260 5010, or use the online callback form to book a consultation at a time that suits you.
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