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Claims for Accident and Emergency Negligence

Who can make an accident and emergency claim?

The Accident and Emergency department of a hospital is often the first port of call if you’ve suffered an injury or are feeling unwell to a degree which is too severe to be left until an appointment with your GP becomes available. Whilst the staff at A and E almost always try their best to provide a thorough and effective service, mistakes can sometimes happen.

A department such as this is frequently extremely busy and the sheer number of patients presenting with a wide variety of problems can lead to errors. Amongst the mistakes which can result in a claim for compensation are the following:

If you feel you’ve fallen victim to any of the above, or have in some way received treatment at an accident and emergency department which was less effective than could reasonably be expected, then you may well be in a position to make an A&E claim for medical negligence.

What evidence will I need to make an A&E claim?

Claims for medical negligence are amongst the most complex compensation cases to fight. For this reason it’s vital to gather as much information as possible regarding anything which may be relevant when it comes to demonstrating that the staff who treated you were in fact negligent. At the earliest possible date you should make a note of any relevant facts such as:

A trained legal adviser will be able to take this information and come to a quick and accurate decision as to whether you have a good case for negligence. If you do, then an experienced solicitor will start the process of putting your case together on a no win no fee basis, which means that you don’t have to pay any money upfront.

How much compensation can I claim?

The amount of compensation which can be claimed in cases such as this varies depending upon the specific circumstances. The amount awarded will be decided on the basis of factors such as the type and severity of any injury or condition involved and also any expenses incurred. These expenses can include the likes of travel expenses, medical bills and lost earnings, so it’s vital 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 come up with an estimate as to how much you might receive.

How long do I have to make a claim?

UK law states that you have three years from the date of the injury to make a claim, although an exception can be made if you didn’t actually become aware of the negligence until a later date, in which case the three years will be counted from this later date. Other exceptions to this rule include the cases of people under the age of eighteen.

Making a claim against either a private clinic or an NHS hospital can be a daunting prospect. If you think you may have been the victim of negligence then call a trained legal adviser on 0800 234 6438, or fill in the claim form on this page and let them call you. If you have a legitimate claim they will pass you on to an expert solicitor to help build your case and, no matter how long it takes, your solicitor will try to get you the compensation you deserve.

Last updated on: 19th February 2020

When you submit your details, you'll be in safe hands. Our partners are National Accident Helpline and National Accident Law. 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 Helpline 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 Helpline 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.