Accident and Emergency, A&E, negligence claims are for medical negligence in the accident and emergency department. Medical negligence can happen anywhere in the hospital, and A&E is responsible for 12% of medical negligence cases and approximately 6% of the amount paid out by the NHS for medical negligence claims.
Accident and Emergency (A&E) Negligence Claims often involve a condition being missed resulting in a delay in diagnosis. That delay in diagnosis can result in one or more of the following outcomes.
- Pain suffering and loss of amenity (PSLA)
- A delayed and longer recovery
- A worse outcome
If Accident and Emergency miss a fracture after you have suffered a fall then you will experience additional pain until it is diagnosed, a longer recovery, as treatment such as a cast or surgery happens later than it should have done, and if the bone position has displaced while the fracture was missed then you will likely have a worse outcome and more treatment to correct it.
Medical negligence happens every day in NHS hospitals. You claim compensation for the damage caused by medical negligence and for any financial losses too.
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What is A&E negligence?
A&E negligence is when you receive medical care in Accident and Emergency below acceptable standards. Care that is so poor no other medical professional would provide such treatment.
You can experience A&E negligence at any emergency department at any time. What is certain is that the medical care you receive harms you and worsens your condition.
A&E negligence, like all forms of medical negligence, is avoidable. A medical professional doing their job properly would not cause you harm yet when medical negligence in accident and emergency occurs you suffer as result and are entitled to compensation.
Your No Win No Fee medical negligence solicitor will advise you on making your claim for A&E negligence.
What types of A&E negligence can I claim for?
Types of A&E negligence you can claim for range from misdiagnosing a serious illness to failing to refer you to a consultant or being given incorrect medications.
Each type of medical negligence at the A&E can seriously affect your health. Your condition goes undiagnosed, and you may get very ill before the correct treatment starts.
There is no excuse for medical negligence; a well-run A&E would care for patients and not allow low standards of medical treatment.
In an emergency, you want the best medical professionals working at high standards to care for you or your loved ones.
Common claims for negligence outline some of the serious medical negligence compensation cases that come out of the A&E department.
Common claims for A&E negligence?
Some common claims for A&E negligence are:
Misdiagnosis negligence claims
Misdiagnosis negligence claims are when a medical professional does not diagnose your illness or misdiagnoses it as another condition.
It happens all the time in A&E. A busy doctor takes a quick look at you, the patient, and diagnoses you as having indigestion.
In reality, you are having a heart attack. The misdiagnosis will put your life in danger and will have long-term effects on your health.
Misdiagnosis of your condition should not happen. You will get a lot worse, and you can seek compensation for the A&E negligence.
Failing to order tests negligence claims
Failing to order tests negligence claims are when the further tests needed to diagnose your condition are not ordered by the A&E staff.
Instead of getting the care needed for your illness or injury, you only receive a poor standard of medical care.
The staff on duty do not order blood tests or further investigations. The lack of a blood test can result in a missed infection or serious condition, you not being put on the correct medication and your illness only getting worse.
Failing to order tests can miss the signs of meningitis, early development of cancer, stroke, appendicitis and even broken bones when you do not the appropriate investigations such as blood tests, X-Rays and CT scans.
Further tests are the only way to rule out or discover an underlying condition or a fracture. Your health will suffer, and you will be due compensation for the poor standard of care.
Incorrect medication negligence claims
Incorrect medication negligence claims are when the A&E staff give you the wrong medication or the wrong dose of medication. You need that medicine, and for them to give you the wrong medication can have serious side effects.
Receiving the incorrect medication means your condition is not being treated correctly. It could also cause you to have an allergic reaction with severe consequences.
Incorrect medication negligence claims include getting the wrong dose of an ordered medication. Too low a dose of an antibiotic will not bring infection under control. Taking too high a dose of a medication can put the body in shock and your life in danger.
Medication is crucial in fighting infection, and serious illness in the A&E department. Incorrect medication negligence makes a bad situation worse.
Delayed diagnosis negligence claims
Delayed diagnosis negligence claims are for delays in your diagnosis when in the A&E department. It may be a busy place, but you still deserve an acceptable standard of medical treatment.
The doctors or nurses leave you on a trolley. Instead of examining and diagnosing you within the recommended times, you are left to get worse. Tests are not ordered, and necessary treatments, interventions and medications are not given.
Conditions such as a stroke or infection require immediate diagnosis and prompt intervention.
Delayed diagnosis will only make your stroke, heart emergency or infection worse.
Not referring to a consultant negligence claims
Not referring to a consultant negligence claims is when the doctor on duty does not refer you for further diagnosis by a consultant either by admitting you are asking your GP to make such a referral.
The doctor examines you and, instead of referring you to a consultant for further examination, sends you home. You do not get the treatment you need and may end up back in A&E but with symptoms a lot worse.
The medical staff on duty may forget to ask your GP to refer you to a consultant, or instructions are not followed properly. Either way, it is A&E negligence, and you can file a compensation claim for the poor treatment.
Misreading the result of tests negligence claims
Misreading the result of tests negligence claims is when the doctor looks at an X-Ray or scan and misses the signs of something being wrong.
A doctor in a hurry misses the broken bone in your foot or hand and sends you home. The consultant on their way to see someone else does not spot the irregularity in an ECG or that your blood levels are amiss.
You go home with a broken foot or suffering the effects of a heart attack. The doctors on duty have misread your test results and are guilty of A&E negligence.
Not getting consent negligence claims
Not getting consent negligence claims is failing to ask the patient or family members for consent before carrying out a procedure.
There could be danger in a medical procedure which should be outlined to the patient, and consent sought before carrying it out in the hospital.
Not getting informed consent from the patient or their family can carry serious ethical problems.
If a medical procedure goes wrong, with the patient not being made aware of the risks, the medical professionals are in serious trouble.
Who is responsible for A&E negligence?
The hospital that runs the A&E is responsible for the A&E negligence. It is the duty of the hospital to ensure the A&E is adequately staffed with the correct personnel and the right number of doctors for patients expecting care.
The medical professionals in the A&E must carry out all medical care to a professional standard. It is their duty to carry out all medical procedures at an acceptable level of care.
When they do not, the hospital, their employer, is responsible for what they do in the A&E.
When you suffer from negligent treatment at A&E, your health will suffer, and you may be at a financial loss.
Can I claim compensation for A&E negligence?
Yes, you can claim compensation for A&E negligence. You are the one who suffered the negligent treatment, and you can claim compensation for what happened.
Poor standards and unacceptable medical care should not happen, and it is due to medical negligence by a medical professional
You claim compensation for any damages arising from the medical negligence.
There are two types of compensation damages due when suing for A&E negligence: General damages and Special damages.
General damages are when you sue for the pain, suffering and the loss of amenity, PSLA, you have experienced due to negligence.
Special damages include loss of earnings, future care costs, and out-of-pocket expenses.
Be sure to keep payslips, receipts and proof of any losses you experience as a result of the medical negligence.
When you suffer A&E negligence, you sue for compensation. You deserve the compensation to cover all medical costs and any long-term care needs.
Can I make an A&E negligence claim against the NHS?
Yes, you can make an A&E negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the negligent treatment.
Each year there are between 8,000 and 10,000 successful medical negligence claims against the NHS.
Negligence claims include minor injuries such as short delay in a missed fracture to serious life-threatening negligence, which leaves you with long-term care needs.
Suing the NHS for medical negligence can make some people feel uncomfortable. We trust in and use the NHS daily and do not expect negligence.
It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.
NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the NHS through their taxes, and they deserve respect and the best medical treatment.
How to Sue the NHS
If you have been a victim of NHS negligence? If you have, you may need Sue the NHS for damages.
Claim for A&E negligence compensation
Claim for A&E negligence compensation by contacting a medical negligence solicitor.
A&E negligence compensation claims make right the wrong done to you in the Accident and Emergency department.
The A&E department is a busy place, but that is not any excuse for poor medical treatment from the staff.
A medical negligence solicitor will help put your case together and fight your A&E negligence claim.
How much can I claim for A&E negligence?
You can claim for A&E negligence amounts from the low £1000s to over £1 million in damages.
Every A&E negligence case is unique, and the circumstances differ from claim to claim. The amounts of General damages and Special damages for each patient decide the payout, and every case is different.
You will only get an accurate answer on how much a claim is worth from a dedicated medical negligence solicitor.
Only by reading your notes and listening to your case story can a solicitor tell how much you should expect in an A&E negligence compensation claim.
A medical negligence solicitor, like ones from the Medical Negligence Team, will fight your claim for compensation for you.
They will know the steps to take and the damages you should seek for the compensation claim.
The steps involved when suing for A&E negligence
The steps involved when suing for A&E negligence are a part of any successful compensation claim. When you follow them correctly and get all the facts and figures together, your medical negligence solicitor will do the rest.
Step 1: Seek medical advice
Seek medical advice on the injuries you have suffered or are suffering with immediately you realise you experienced A&E negligence.
Step 2: Contact a specialist medical negligence solicitor
Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you suffered A&E negligence.
The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim.
You are the one who suffered medical negligence, and you should get all the money due for the suffering.
Step 3: Your medical negligence solicitor obtains your medical records
Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid A&E negligence case.
The medical negligence team will know from reading your medical records if the case will result in A&E negligence compensation being paid.
Step 4: The medical negligence solicitor sending a letter of claim to the negligent party
The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit A&E negligence in what is known as ‘sending a letter of claim’.
When the negligent party receives the letter of claim, it has up to four months to provide a written response.
Step 5: Getting a response from the negligent party’s insurer
Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion.
The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms.
If they admit liability, your A&E negligence claim can be valued.
The two parties will meet to decide on your A&E negligence compensation payment.
Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.
Step 6: Issuing court proceedings
Issuing court proceedings is the next step if they deny liability in your A&E negligence case. Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered.
Your medical negligence solicitor issues the court proceedings.
Remember that less than 1% of medical negligence cases go to trial.
Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.
The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.
Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.
Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.
Using a No Win No Fee solicitor
Using a No Win No Fee solicitor is the only way to a successful A&E negligence claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.
If any medical negligence solicitors you speak to starts talking of a ‘win fee’ or a ‘success fee’, taking a percentage of your compensation, you should walk away. The negligent party insurers should pay all your legal fees if the case is successful.
The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.
You are the one who suffered A&E negligence, and you deserve the compensation to get your life back to normal.
How long do I have to make a claim for A&E negligence?
Adults typically have 3 years to make a claim for A&E negligence. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence claims must generally be brought, court proceedings issued within three years of the injury, or three years of knowledge of the facts giving rise to the claim.
If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.
Children not under a disability typically have until they reach 21 to start an A&E negligence claim or court proceedings.
Persons under a disability, who lack capacity, are not subject to any limitation period.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your A&E negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.
We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.
Our 100% Compensation Guarantee puts all the money you win into your pocket. You are the one who suffered A&E negligence, and you deserve every penny of the compensation.
Contact us at the Medical Negligence Team for all your medical negligence needs.