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Accident & Emergency Claims

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Accident and emergency (A&E) departments provide a vital and often life-saving service. If you need to visit A&E, you have the right to expect that hospital staff will diagnose and treat a health condition as soon as possible.

It’s widely known that A&E departments are busy, and doctors and nurses are under pressure. But that doesn’t mean that you shouldn’t expect a good standard of care. Unfortunately, as the A&E departments are stretched, errors in assessment and treatment can happen, often causing further injury, illness, or even potential death.

Our medical negligence solicitors have been helping people claim compensation in A&E negligence cases for decades. If you or a loved one has experienced inadequate care or treatment in A&E, you may be eligible for compensation. Negligence you may have experienced could include:

  • Misdiagnosis
  • Delayed treatment
  • Failure to refer the patient for appropriate tests
  • Insufficient examination of the patient.

If you feel that you may have a claim, contact us for a free initial consultation about making an Accident and Emergency claim.

We can also help you if you experienced medical negligence while in hospital.

Why choose us to handle your A&E claim?

We’ve the largest team of medical negligence solicitors in the UK, giving us an unparalleled level of experience. We’ve also secured more compensation in medical negligence claims than any other law firm in the UK.

The Legal 500, one of the UK’s leading legal guides, ranks us in the highest tier for clinical negligence cases. They consistently praise our team, stating: “Irwin Mitchell’s clinical negligence team is large and bursting with talent and enthusiasm.”

An equally respected legal guide, Chambers and Partners, has ranked our team in their highest band for more than 20 years. Of our team, they say: “The firm is in the top category for clinical negligence work. The team is really impressive, with lots of depth and breadth. There's a huge number of partners and associates running a well-oiled machine. Their preparation for cases is impressive, generating great results.”

Most of our A&E negligence cases are funded using a no win no fee agreement. This means you’re not at any financial risk when you make a claim with us.

We strongly believe in the importance of rehabilitation, so we’ll help you access care and support throughout your claim and after it’s settled.

We understand that suddenly getting a large sum of money can be overwhelming. Our Asset Management team of financial experts are on hand to advise you on how to invest your compensation and ensure it lasts for as long as you need it to.

We've offices across the UK, so you can seek legal advice that’s close by. If you can’t make it into one of our offices, we can arrange to visit you in hospital or at home. We’ll always work in the way that’s best for you, so there’s also the option to communicate via email, video, or phone call.

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More information on A&E claims

When you arrive at A&E, you should receive a reasonable standard of treatment. But under the time pressures of an A&E department, mistakes and oversights can happen. For example, a fracture might be treated negligently if:

  • The pieces of bone aren’t aligned properly
  • Needless surgery takes place when a plaster cast would have worked
  • It leads to unnecessary scarring.

It’s important that wounds are treated correctly too. Negligent cleaning or dressing could result in infection and further complications. Negligent stitching could also cause excessive scarring.

If you’ve received sub-standard medical care in A&E, we can help you claim compensation. We’ll investigate your case, working out exactly how the malpractice happened and what could’ve been done to prevent it.

To begin your Accident and Emergency claim, get in touch with us. You’ll have a free initial consultation with a solicitor, who’ll be able to advise you on whether you could claim.

If you choose to go forward, we’ll begin by gathering evidence to support your claim, including:

  • Your statement on the events
  • Medical records
  • Receipts and expense records
  • Independent medical expert opinions, if needed
  • Any witness statements.

We’ll then contact the hospital, trust, or organisation responsible to tell them we intend to sue for compensation. If they accept blame and the amount of compensation we feel you need, your claim will be settled.

If they dispute liability or how much compensation you should get, we’ll initiate court proceedings. However, your claim could still be settled without needing to go to court. In any event, we’ll always do everything we can to make you feel as comfortable as possible.

We can’t give you an exact figure until we know a little more about your situation. Each claim is unique, and so is the amount of compensation awarded.

To get an idea of how much compensation you could be entitled to, speak to us today. We’ll then be able to put a value on your claim once we know the details.

Yes, you can make a no win no fee A&E claim for compensation. The majority of our personal injury claims are made using a no win no fee agreement.

If you’re eligible for no win no fee, you’ll have nothing to pay if your claim is unsuccessful. If your claim is successful, most of our fees will be paid by your opponent.

You’ll need to enter into an agreement linked to a suitable insurance policy to make a no win no fee claim. We’ll discuss the finer points with you, as well as alternative funding options, before we start working for you.

Read more about making a no win no fee claim.

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They were always there to answer my questions and queries when I was at my most vulnerable and they persevered to obtain the best possible result."

Lisa, client

Frequently Asked Questions

How are conditions misdiagnosed in A&E?

Doctors and nurses in A&E are under a great deal of pressure, but they still need to meet certain standards. They’re specially trained to be able to recognise and diagnose illnesses, prioritising patients so that the most serious cases get urgent treatment.

When this process breaks down and people slip through the net, the results can be tragic and sometimes fatal. Some of the most common mistakes involve failures to:

  • Take a patient’s medical history properly
  • Refer a patient for tests (e.g. x-rays, blood tests and scans)
  • Examine a patient properly.

These errors can mean that patients are sent home from A&E when they should have been admitted to hospital. People with general (diffuse) pain rather than localised symptoms are sometimes simply given painkillers, when in fact they’ve got a serious health problem.

By the time a doctor or consultant has diagnosed the medical condition – often after the patient’s made multiple visits to a GP or walk-in centre – it might be too late to give them the treatment they should’ve got when they first visited A&E.

We could help if you’ve had one of these conditions misdiagnosed in A&E:

  • Aneurysms
  • Broken bones
  • Cauda equina
  • Heart attacks
  • Meningitis
  • Misdiagnosed miscarriage
  • Severe allergic reactions (anaphylactic shock)
  • Strokes.

Our medical negligence solicitors understand the impact that misdiagnosis or delayed diagnosis in A&E can have. We’ll investigate exactly which processes broke down when your condition went unnoticed, seeking answers from the organisation responsible.

How long do I have to make an Accident and Emergency claim?

The normal time limit is three years from the date you received negligent treatment. If you learned later that substandard treatment was responsible for your illness, the three-year limit starts from the date you learned this.

In any event, we always advise you to start making a claim as soon as possible. This is because the details will be fresher in your mind and the minds of witnesses. It’ll also be easier for us to gather evidence to support your claim.

What’s the NHS complaints process?

For many of our clients, an apology and an explanation is as important as compensation. We can guide you not only through your claim but also through the NHS complaints process. There are several schemes to deal with complaints about GPs or hospitals.

It’s often possible to claim a small amount of compensation from these schemes, and the organisation involved will also sometimes make an official apology. If you’re not happy with the response to your complaint, we can help with the next steps. That could mean requesting an independent inquiry or taking your complaint to the Health Service Ombudsman.

For very serious complaints, we can take your case to the General Medical Council (GMC). The GMC disciplines doctors and can prevent them from working in future. While the GMC can’t award compensation, many of our clients take comfort from seeing steps taken to ensure the mistakes made in their case won’t happen again.

Read More FAQs

Related Information - Accident & Emergency Claims

Meningitis Claims - if you’ve suffered from a delay in the diagnosis of meningitis, you could claim compensation
Stroke Claims - if you or a loved one has suffered a stroke after visiting A&E, you could be entitled to claim
Hospital Negligence - we could help if you’ve suffered because of hospital negligence
Court Of Protection - our Court of Protection team can help look after what matters most to you

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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