Can I Make An A&E Negligence Claim?
In our guide to making an A&E negligence claim, you can find out when and how a specialist solicitor could help you claim compensation.
£85 million in compensation
Can I Make An A&E Negligence Claim?
In our guide to making an A&E negligence claim, you can find out when and how a specialist solicitor could help you claim compensation.
AS SEEN ON
It’s stressful being admitted to A&E, but we are often comforted by the fact that we’re put in the safe hands of medical professionals. But what happens if you fall victim to A&E negligence whilst you’re vulnerable in hospital? It’s a question most don’t want to hear the answer to, but it does happen, and it’s vital that you know what to do next if you have received negligent treatment. This guide will walk you through everything you need to know about hospital negligence claims, and we’re here with you every step of the way.
Key Takeaways
- An eligible A&E claim has to involve avoidable harm because of substandard medical care
- Negligent misdiagnosis, treatment delays or medication errors are all instances that could lead to medical negligence.
- You typically have 3 years to start a claim from the date you were harmed or from the date of knowledge
- Evidence is your best friend; it makes your A&E claim stronger and increases its likelihood of winning
- Here at JF Law, we offer our legal help on a No Win No Fee basis so you can claim compensation with confidence
If you have any questions, get in touch using the contact information below so we can answer them promptly:
Contact Us
Call us on 0151 375 9916
Contact us online
The Top Ten Trusts For Payouts For A&E Negligence
We’ve conducted our own first-hand research into the scale of medical negligence in A&E Departments in the country. Our investigative team has obtained data revealing the top 10 NHS Trusts with the highest payouts. You can find this breakdown below:
Top 10 NHS Trusts by compensation paid out (From 2019 – 2024) Compensation
Mid and South Essex NHS Foundation Trust £19,329,051
Frimley Health NHS Foundation Trust £18,004,020
University Hospitals Birmingham NHS Trust £16,443,989
Northern Care Alliance NHS Foundation Trust £16,049,191
Barts Health NHS Trust £15,071,168
King’s College Hospital NHS Foundation Trust £14,698,196
Mersey and West Lancashire NHS Foundation Trust £14,592,861
Manchester University NHS Foundation Trust £14,573,281
East Kent Hospitals University NHS Trust £12,816,588
Nottingham University Hospitals NHS Trust £10,601,308
This data was also reported in Healthcare Management, a leading industry magazine.
If you have any questions regarding the above payouts, please don’t hesitate to contact our team of experts today.
What Compensation Can I Get For A And E Negligence?
When it comes to compensation for your A&E negligence claim, the type of harm, the severity and the unique details of the negligence will be taken into account. However, generally, the first port of call for your medical negligence solicitor will be to calculate your general damages.
This head of claim will consider:
The severity of an injury
The impact the injury has had on your quality of life
The presence of any psychological injury
Whether there is disfigurement or deformity involved
Any lasting effects, such as a lengthy hospital stay or a permanent disability
Whilst we can’t give you specifics when it comes to what your A&E negligence compensation award might be, we can provide you with a rough guide in the form of a table below. Specifically, the table contains suggested compensation brackets sourced from the Judicial College Guidelines (JCG). This document contains a comprehensive catalogue of instances of harm, their related severities, and corresponding compensation brackets. Medical negligence solicitors, like your own, may use the JCG to assist them in determining A&E negligence compensation for their clients.
The first row in the table has not been selected from the JCG, nor should you use the figures below as confirmed compensation figures. This table is intended to function as a guideline only.
| HARM | COMPENSATION BRACKET | NOTES |
|---|---|---|
| Multiple Severe Instances Of Harm And Special Damages | Up to £1 Million+ | A combination of multiple injuries and financial losses, for example, lost earnings and the cost of professional care. |
| Brain & Head Injury Very Severe | £344,150 to £493,000 | This award will be affected by a multitude of factors ranging from the degree of insight, if any, to the need for gastrostomy feeding. |
| Moderately Severe | £267,340 to £344,150 | The claimant will be very seriously disabled with a substantial dependence on others. The level of award will be influenced by the factors outlined above. |
| Damage To Or Loss Of Both Kidneys | £206,730 to £256,780 | The claimant will have suffered serious and permanent damage to or loss of both kidneys. |
| Loss Of Natural Kidney Function | Up to £78,080 | In this award there is significant risk of future urinary tract infections or other total loss of natural kidney function. Notably, there will be substantial medical expenses in the future. |
| Lung Disease As A Serious Disability | £122,850 to £165,860 | For a young person with serious disability where there is a probability of progressive worsening leading to premature death. |
| Complete Loss Of Function In The Wrist | £58,710 to £73,050 | The injury results in complete loss of function of the wrist and where an arthrodesis has been performed. |
| Significant Permanent Disability Of The Wrist | £29,900 to £47,810 | The claimant will have a significant wrist disability for life; however, some useful movement still remains. |
| Achilles Tendon Serious | £30,500 to £36,720 | The claimant will have suffered a complete division of the tendon; however, it has been successfully repaired. There will be left over symptoms the claimant is unlikely to fully recover from such as residual weakness. |
| Severe Toe Injuries | £16,770 to £25,710 | This bracket will typically involve crush injuries to multiple toes, leading to amputations of one or two (but not including the great toe). |
What Else Can Influence My A And E Compensation Amount?
Special damages can influence your A&E compensation amount. Suffering harm can cost you money for several reasons, and the second head of claim, known as special damages, will compensate you for any financial losses you have incurred.
For example:
Loss of income, including future earnings
Care costs from both loved ones and professionals
Private treatments and other medical expenses for back-to-back or lengthy care
The travel expenses involved in attending regular medical appointments
Property adaptations to your home if A&E negligence caused you to develop a mobility disability
After reading this, do you believe that the harm you have suffered has impacted your finances? You may be eligible to put in a request for special damages; however, your solicitor will ask that you provide evidence of any financial losses in the form of payslips, invoices and receipts.
We know what we’re talking about when it comes to special damages. Let us give you a hand by speaking to our team today, who are experts in their field.
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Can I Claim For A&E Negligence Compensation?
Yes, you can claim for A&E negligence compensation if your medical professional provided substandard care and you suffered harm as a result. We’ve provided the specific eligibility criteria for you below:
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In an emergency department, your medical professional owes you a duty of care
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They breached this duty, for example, you were showing clear signs of sepsis, and the symptoms were overlooked
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This breach caused you to suffer avoidable or unnecessary harm
In some cases, it is difficult to dissect whether or not you have experienced negligence. Not all cases of misdiagnosis or delayed treatment mean a medical professional has been negligent. That is why it is important to have your case assessed.
Can I Claim For Negligent Ambulance Care?
Yes, you can claim for negligent ambulance care if your treatment from paramedics fell below the minimum standard of care. As discussed above, all medical professionals within A&E legally owe you a duty of care, and this certainly includes the emergency services, including paramedics.
For example, if the stretcher broke whilst paramedics were carrying you and it caused your condition to worsen, the ambulance service may have breached their duty of care, and you may have a valid claim.
Am I Able To Claim On Behalf Of A Loved One?
Yes, you are able to claim on behalf of a loved one if they are a minor or an adult who lacks mental capacity, and we can help you do this.
Let’s start off by introducing you to the role of a litigation friend. This is a legally appointed position typically taken on by a family member of the protected person. This is because the litigation friend will be responsible for their loved one’s A&E negligence claim, so they have to be a trusted individual who will keep the protected person’s best interests in mind at all times.
Expressly, if you were to become a litigation friend, you would be responsible for:
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Any and all decision-making
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Representation
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Communication with legal counsel
If your loved one dies because of A&E negligence, you might be able to claim under the Fatal Accidents Act 1976.
Do you require more clarity on anything discussed so far? No worries at all, we’re here 24/7 to offer guidance, give us a call, and we’d be more than happy to help.
Accident And Emergency Negligence Examples
To give you a clearer picture of what accident and emergency negligence can look like, we’ve provided some examples below for your perusal:
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A patient in A&E has not been registered on the system correctly, so isn’t seen promptly by a doctor. The patient has a burst appendix and only receives treatment after a significant delay, resulting in the individual developing sepsis.
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A radiologist fails to notice a fracture on a patient’s X-ray scan of their ankle. The patient is discharged with the incorrect diagnosis of a severe sprain, allowing the injury to worsen, later resulting in surgical intervention.
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A patient informs an A&E nurse that they’re allergic to a specific medication. In the busy hours of the A&E department, the nurse forgets to pass on the information to the pharmacy, resulting in a dispensing error and the patient suffering a severe allergic reaction.
If you have experienced one of the above examples of A&E negligence or something similar, you don’t have to just accept it. Contact us today so we can plan the next steps to help you secure the compensation you deserve.
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We pride ourselves on providing the best service possible for our clients.
Will A Compensation Claim For A&E Negligence Impact The NHS?
In reality, all negligence claims against NHS hospitals, including A&E departments, are managed by NHS Resolution. They have a budget set aside specifically for dealing with compensation claims.
The funding comes from an arms-length body of the Department of Health and Social Care called NHS Resolution, and this is who you would claim through. Specifically, NHS Resolution acts as an insurer for the NHS, meaning that if your claim is successful, your compensation would be paid by NHS Resolution.
If you still have doubts about claiming against the NHS, don’t worry, we’re here to reassure you. Contact us over the phone or online.
Is There An A&E Negligence Claims Time Limit
Yes, there is a time limit, and it’s crucial that you start your A&E negligence claim within it. The Limitation Act 1980 outlines that you have 3 years from the date you suffered the medical harm or from the date you found out about it.
There are 2 specific situations in which this time limit is subject to change:
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If a claimant is a minor and is too young to claim. Their 3 years will start as soon as they become a legal adult at 18 years of age, meaning they will have until their 21st birthday to start a claim
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An adult who lacks the mental capacity to file a claim will have their time limit paused until they fully recover, if that’s possible. The 3 years would start from the date of their recovery because they will not be able to navigate their own affairs until that time
Remember, we’re here to help you, and that includes clarifying whether your A&E Negligence claim falls within the legal time limit. So, give us a call today.
What Evidence Is Needed For A And E Negligence Claims
The evidence needed for A&E negligence claims is proof that clearly shows that you suffered avoidable or unnecessary harm and that the hospital trust is at fault.
One of the contributions your solicitor might bring to the table is an independent medical assessment with an expert advisor. The independent medical assessment is very important. It is used to assess the avoidable harm, its connection to the incident and to evaluate the claimant’s prognosis. It will undoubtedly be used when calculating any type of compensation.
Other pieces of evidence that might be submitted in an A&E negligence claim are:
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Your medical records from the hospital or a GP, documenting what harm and treatment you have undergone
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Correspondence between you and the medical staff from the hospital, GP or other healthcare setting
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Photographs of any visible harm, such as bruising or infected wounds
When recovering from ill health, the last thing you probably want to do is gather evidence of the harm you have suffered. That is why our solicitors prioritise your health over everything and take on the mammoth task of evidence gathering to ensure you have a full portfolio of proof in order to support your case. Contact us today.
No Win No Fee Accident And Emergency Negligence Claims
Have you not started your A&E negligence claim because you’re worried about the cost? Here at JF Law, we look after our clients by providing them with a No Win No Fee funding option. Specifically, you will be offered a Conditional Fee Agreement contract to work with our specialist solicitors.
If you agree to work with us, you won’t have to pay any solicitors’ fees while your A&E negligence claim is ongoing or if it fails, and you won’t be caught off guard by any upfront solicitors’ fees.
If your A&E negligence claim has a positive outcome, a success fee will be taken out of your award and paid to your solicitor for their work. Don’t worry, this fee is legally capped, as per the Conditional Fee Agreements Order 2013.
Our primary goal is to secure a winning claim for all our clients, as we believe in levelling the playing field. It’s only fair that you get the compensation you deserve after experiencing clinical negligence at the hands of the emergency services. To get the ball rolling, please speak to us using the contact information below:
Contact Our Solicitors
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Call us on 0151 375 9916
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Contact us online
More Information
Explore more of our guides here:
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Read this guide to learn about misdiagnosed ectopic pregnancy compensation.
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Learn about cancer misdiagnosis claims.
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Guidance on delayed cancer diagnosis compensation.
Useful external resources:
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Information on good medical practice for doctors from the General Medical Council.
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Guidance from the NHS on how to make a complaint.
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Find out if you’re eligible for Statutory Sick Pay (SSP) from GOV.UK.
Thank you for taking a look at our guide on A&E Negligence.
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