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Can I make a claim for accident and emergency (A&E) compensation?

The Accident and Emergency department of a hospital is a place most people will visit following a moderate to severe injury, or if you’ve contracted an illness that could be hazardous to your health if we aren’t able to get a GP appointment in time. If you’ve received treatment at an A&E department that you feel was negligent, then you may be able to make a claim for medical negligence.

An experienced solicitor will be able to let you know whether you might be able to make a claim – you can get free advice by calling 0800 234 6438 or by filling in this simple form.

Negligence in A&E departments

While the nurses and hospital staff in A&E are highly trained, mistakes can sometimes happen. Accident & Emergency units are often extremely busy and the sheer number of patients with a wide variety of problems can lead to errors.

Among the mistakes which can result in an injury to patients are the following:

While you might think that accidents are bound to happen, it can feel especially unfair if you’ve become injured whilst receiving treatment from people whose job it is to keep you safe – especially if this occurred due to lack of care on their part.

How can I prove accident and emergency negligence happened?

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 at least that the expected standard of care didn’t take place with your treatment. This means proving:

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

What evidence will I need for an A&E claim?

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

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 if you don’t win your case, then you won’t pay any court costs or solicitors fees. If you do win, then you’ll pay your solicitor as a percentage of the compensation you receive – this amount will be agreed between you and your solicitor before starting your case.

What’s the procedure for claiming compensation from the NHS?

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:

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.

Making a complaint to the NHS

If you’ve been injured whilst on an A&E ward, you might consider writing a letter of complaint to the NHS trust responsible for the incident. You have the right when you make a complaint to have it thoroughly and efficiently investigated and be informed of the conclusion of any investigation.

The NHS complaints procedure is not a method of claiming compensation, as its purpose is to identify and remedy problems – but it can be a useful way of understanding what happened and give you stronger evidence to bring a medical negligence case.

How much A&E compensation can I claim?

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:

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.

How long do I have to make a claim?

You have three years from the date of the injury to make a claim, although an exception can be made if you weren’t aware of the impact of your injury until a later date, in which case the three years will be counted from this date instead. Another exception to this rule includes cases involving children under the age of 18. The law says someone under the age of 18 cannot pursue a compensation claim, so they either have three years to bring their own claim once they turn 18, or a parent or guardian can launch a claim on the child’s behalf beforehand, acting as what is known as a ‘litigation friend’.

Making a claim against either a private clinic or an NHS hospital can be a daunting prospect. If you think you may have a claim, then you can get in touch with a solicitor on 0800 234 6438 or fill in the claim form below.

When you submit your details, you'll be in safe hands. Our partners are National Accident Helpline (a brand of National Accident Law, a firm of personal injury solicitors regulated by the Solicitors Regulation Authority). They are the UK's leading personal injury service. Their friendly legal services advisers will call you to talk about your claim and give you free, no-obligation advice. National Accident Law may pay us a marketing fee for our services.

By submitting your personal data, you agree for your details to be sent to National Accident Law so they can contact you to discuss your claim.

If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.