A Guide To Accident And Emergency Negligence Claims
By Lewis Cobain. Last Updated 9th July 2024. If you’ve been harmed as a result of medical negligence in an A&E department, you might be interested in making an Accident and Emergency negligence claim.
A&E departments are for serious and life-threatening illnesses and injuries and are different from walk-in centres and urgent treatment centres. In this guide, we’ll discuss everything you need to know about A&E medical negligence claims.
We’ll start by talking about when you could make an Accident and Emergency claim and what medical negligence actually is. Then, we’ll move on to how you could be harmed in an A&E department and the compensation you could potentially receive for making a successful claim.
Finally, our guide will discuss why we recommend working with a No Win No Fee solicitor if you decide to make a medical negligence claim.
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Select A Section
- What Is Accident And Emergency Negligence?
- Causes Of Injury In Accident And Emergency Departments
- A&E Negligence – How Much Can I Claim?
- No Win No Fee Accident And Emergency Negligence Claims
- Helpful Links And Resources
What Is Accident And Emergency Negligence?
A&E departments are staffed with doctors, nurses, consultants, and other kinds of medical professionals. All medical professionals owe their patients a duty of care, and this means that they need to provide treatment that meets a minimum standard.
The responsibilities of each professional can change depending on their field, such as midwifery or general surgery, but if the minimum standard isn’t met, causing avoidable harm, this is known as medical negligence.
A&E departments can be in high-pressure and fast-paced environments, and this duty of care still applies. To form the basis of a valid accident and emergency negligence claim, you need to prove that:
- You were owed a duty of care by a medical professional.
- This duty was breached.
- You suffered avoidable harm as a result.
If you think you could have a valid medical negligence claim after visiting an A&E department, contact our team today. They can evaluate your case for free, and could potentially put you in touch with one of our expert medical negligence solicitors.
Causes Of Injury In Accident And Emergency Departments
Here are some A&E treatment errors and mistakes which are seen as common causes of medical negligence in A&E departments:
- Inadequate patient examination and medical investigation (such as, x-rays, blood tests).
- Inaccurate reporting of patient test results.
- Not obtaining and reviewing the patient’s full medical history, where needed and possible.
- Failure to ask for a second opinion when needed, or refer the patient to a specialist department.
- Accident and emergency delays. In some situations, delays can worsen the condition or even result in the patient’s death.
- Injuries sustained while moving patients.
- Sending patients home too early.
- Delivering inappropriate advice to patients upon discharging them from the hospital.
For more information on accident and emergency negligence claims, please read on, or alternatively get in touch with us today for free legal advice.
Accident And Emergency Claims – Time Limits
With accident and emergency claims, as with any other type of medical negligence claim, there is generally a three year time limit beginning from either the date that:
- The negligence happened or;
- You were made aware that you had received negligent treatment
There can be exceptions to the time limit for medical negligence claims, such as:
- If the claimant was a minor when they received negligent treatment
- If the claimant does not have the mental capacity to make a claim.
The three-year time limit for children begins from their 18th birthday. However, the time limit is suspended indefinitely for adults without a sound mind. It would only begin if they made a recovery.
Litigation friends can act on the behalf of minors or adults without mental capacity. They could make a claim during the suspended time limit period.
If you are making a claim against a negligent hospital accident and emergency department but are unsure whether you are within the limitation period, get in touch and we can verify if you are at no cost to you.
A&E Negligence – How Much Can I Claim?
If you suffer medical negligence in an accident and emergency department, the injuries that you sustain could cause varying levels of pain and suffering. Because of the difference between cases, each settlement is calculated individually. The portion of your compensation that addresses your pain and suffering is called a general damages payment. When legal professionals are valuing this figure, it can be helpful for them to make use of certain resources.
One of these is a publication that contains figures based on past court cases. It’s called the Judicial College Guidelines (JCG), and the latest version was published in 2022. We have included some figures from this version in the table below. It’s important to bear in mind that you should only use these amounts as a guide as all claims are unique; the value of your settlement will depend on your circumstances.
| Injury type and severity | Settlement |
|---|---|
| Multiple Serious Forms Of Harm + Special Damages | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderately Severe Brain Damage | £267,340 to £344,150 |
| Paralysis Injury (Paraplegia) | £267,340 to £346,890 |
| Leg Amputation (iv) | £119,570 to £162,290 |
| Less Serious Leg Injuries (c) (ii) | £11,120 to £17,180 |
| Digestive System (a) (i) | £52,490 to £75,750 |
| Chest Injuries (c) | £38,210 to £66,920 |
| Kidney Injuries (c) | £37,550 to £54,760 |
| Wrist Injuries (e) | In the region of £9,070 |
If medical negligence has resulted in you being injured in an accident, the law states that you could also receive a figure known as special damages. If your injuries have affected your finances, a special damages payment aims to rectify this. Special damages payments can address losses such as:
- Loss of earnings – If your income has been affected due to being unable to work.
- Medical costs – Prescription medication, private healthcare etc.
- Care costs – If you require additional care at home due to your injuries.
If you have any questions about A&E negligence and how you could support your claim with evidence, get in touch with our advisors.
No Win No Fee Accident And Emergency Negligence Claims
If you have experienced accident and emergency negligence in an A&E hospital department, which resulted in you becoming ill, injured, or your existing medical condition worsening, you could be entitled to make an A&E medical negligence compensation claim. Your claim may involve negligence on the part of an A&E doctor or the hospital. We would also like to offer you the option to make a No Win No Fee claim. This means that you will only have to pay your solicitor’s fees on the condition that you win your claim. There’s no upfront fee to pay and no ongoing fees either, instead, your fees will come out of your final accident and emergency compensation claim, making it the more affordable option for many.
To enquire about making No Win No Fee accident and emergency negligence claims, call Legal Expert today to speak about your options to one of our friendly advisors.
We hope our guide to accident and emergency negligence claims has helped you. You can learn more by contacting us on 0800 073 8804.
Useful Links
The useful links below are to further resources on the Legal Expert site which may help when you need to make a compensation claim for accident and emergency negligence.
NHS Find Accident And Emergency
On this NHS link it allows you to view accident and emergency services in the UK
Medical Negligence Claims, How Much Compensation Can I Claim?
Find out the best way to make a compensation claim for medical negligence with our guide.
How Much Compensation Can I Claim For A Misdiagnosis?
Have you suffered as a result of medical misdiagnosis? If so, find out how to make a successful compensation claim with our guide.
Hospital Negligence Claims, How Much Compensation Can I Claim For Neglect?
How much compensation can you claim if you have been neglected in a hospital.
A&E Doctor Negligence Claims
How to claim compensation for negligence caused by a doctor.
NHS Negligence Claims Calculator
Check our updated guide to how much you could claim for negligence by the NHS.
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