Accident and Emergency (A&E) Compensation Claims

Accident and emergency departments deal with a range of incidents on a daily basis, from broken bones to lacerations and heart conditions, so it’s easy to see why so many hospitals become overwhelmed.

In fact, a BBC report highlighted that the average A&E department is understaffed by 10%.

The extreme pressure and busy waiting times mean that mistakes can – and do – occur. Unfortunately, this means patients might receive further injuries or misdiagnoses due to negligent practice.

If you experienced an injury due to GP negligence, you can claim compensation.

While some people worry about putting the NHS under more strain, it’s vital to remember that compensation cases often lead to changes, making hospitals safer for everyone.

There are many types of accident and emergency claims, but some are more common than others. Understanding them can help you determine whether you could receive compensation.

Healthcare professionals have a duty to assess each patient’s symptoms, order tests and correctly diagnose a condition. If you’ve been misdiagnosed then you may be in a position to make a compensation for a medical misdiagnosis.

When they fail to do this, it can lead to long-term pain and suffering—in serious cases, a misdiagnosis can result in death.

Accident and emergency departments must prioritise which patients should be treated based on their injuries. Broken bones, sprains and other minor injuries don’t present major threats, but a suspected heart attack, deep laceration or anything that requires immediate medical treatment should always come first.

When healthcare professionals fail to either diagnose a condition quickly or administer the wrong treatment, it can result in further injury or serious complications.

Patients in an emergency department should be monitored constantly to assess whether their condition is stable. Failing to do this could mean their symptoms worsen, leading to a rapid deterioration.

Whether patients need to receive immediate surgery or suffer complications due to medical teams not monitoring them, these scenarios are valid reasons for emergency negligence claims.

The pressurised nature of A&E departments means that negligence can happen. While some injuries are minor and heal quickly, others can cause long-term complications that impact your ability to perform daily activities and work.

Potential injuries include:

• Delayed healing of fractures and dislocations can also cause ongoing mobility issues.
• Soft tissue damage is due to the incorrect diagnosis or delayed treatment of injuries like sprains and cuts.
• Infections acquired in hospitals can have fatal consequences.
• Brain and spinal cord injuries can lead to permanent damage.
• Heart and respiratory issues might lead to fatalities when not treated immediately.

To successfully bring a hospital negligence claim, you’ll need to prove that the medical professional or hospital staff responsible for your injuries was negligent – or that the expected standard of care didn’t occur with your treatment. This means proving:

• That they owed you a duty of care
• That they breached this duty
• That you suffered harm as a result

The ‘Bolam test’ applies when assessing the standard of reasonable care in negligence cases involving doctors. This states that a doctor is negligent if they fail to act in accordance with a practice that is considered acceptable by a responsible body of medical professionals.

Claims for medical negligence are some of the most complex compensation cases. For this reason, gathering as much information as possible regarding anything that shows that the staff who treated you were negligent is crucial. You should make a note of any relevant facts, such as:

• The date and time of your visit
• The condition you went to hospital with
• If possible, the names of the staff who treated you
• The nature of the treatment offered
• The reasons why you feel this treatment was in some way negligent

A specialist solicitor will be able to help you gather this information and come to a quick and accurate decision as to whether you have a good case for negligence.

They’ll start putting your case together on a no win no fee basis; this means that you won’t pay any court costs or solicitors fees if you don’t win your case. If you win, you’ll pay your solicitor as a percentage of the compensation you receive – this amount will be agreed upon between you and your solicitor before starting your case.

The first step in making a claim is determining whether you’re eligible. The best way to discuss your case and receive access to a specialist solicitor is to speak to a legal team for free. You can get the ball rolling by using the online form or calling 0800 234 6438.

Your solicitor will then evaluate your claim, assess the evidence and put a case together for the negligent party’s review.

If you’ve received negligent treatment from an NHS medical professional, your claim will be brought through NHS Resolution, the body that manages negligence and other claims against the NHS in England on behalf of its member organisations. This applies whether you make a claim against:

• Nurses or doctors
• GPs
• Dentists

Your specialist medical negligence solicitor will send a letter of claim to NHS Resolution, outlining your claim and the breach of duty, including the following information: the clinician responsible and the date of negligence, the nature and extent of the symptoms you suffered due to the breach in duty, and the level of compensation you’re seeking. Your solicitor will then work hard to negotiate the compensation you deserve.

Medical negligence claims can be challenging to prove and settle, with a slight chance of going to court. In most cases, the NHS will do everything possible to prevent this, as settling out of court is easier, but your solicitor might advise on court proceedings if:

• They believe you can receive more compensation
• Neither party can reach an agreement
• The case might be taken more seriously in a courtroom

Any professional solicitor will always put a client’s needs first, and they’ll ask if you’re willing to take the case to court.

Every personal injury claim is unique – which means it can be very difficult to say quite how much compensation you might receive. The amount awarded will be decided based on factors such as the type and severity of any injury or condition involved, and any expenses you’ve had to pay for. For example, this might include:

• Travel expenses for getting to medical appointments
• Medical bills for corrective surgery, medication, etc
• Lost earnings from time taken off work

Most medical negligence claims can range from £1,000 to over £500,000, and an accident and emergency claim will usually be the same.

It’s important that you keep as many records as you can, including items such as receipts and wage slips. When all the circumstances of your case are known, your solicitor will be able to give you an estimate of the amount you might receive.

As most A&E departments are run by hospitals, your claim will be against the NHS Trust for that hospital. All NHS Trusts are public bodies, and they’re held accountable by the public.

If hospitals fail to adhere to their duty of care, patients will make a claim against the NHS Trust instead of the individual hospital.

All NHS compensation claims go through NHS Resolution, which deals with the entire process. Each NHS Trust pays into the resolution fund, ensuring that money is available.

So, when you make an accident and emergency or medical negligence claim, your award comes out of the NHS Resolution fund.

In most cases, you’ll have three years from the date of A&E negligence to file for compensation. There are some exceptions to the rule, including conditions that developed as a result of your hospital visit.

For example, infections or complications from diagnostic errors aren’t always visible immediately. Once you receive a diagnosis, you’ll have three years from the date of your injury to make a claim.

If your injuries occurred in childhood, you’ll have three years from the date you turn 18 to claim compensation.

Yes, you can. In fact, many people opt for a win no fee agreement, as it offers more security than traditional solicitors. You won’t pay any upfront costs or fees unless the A&E negligence solicitor wins your case.

Unlike traditional solicitors, where there’s always the chance of not winning your case, there’s no financial risk with a no win no fee claim.

If you’d like to see whether you’re eligible to claim compensation, seek free advice from a specialist medical negligence team today. Please call 0800 234 6438 or use the online form to speak to someone today.