Accident & Emergency Claims*

Contact a Solicitor

The first step in making a medical negligence claim is to seek the assistance of a solicitor who specialises in this area of law who will provide support and guidance and help determine if you have suffered due to the negligence of a healthcare provider.

Medical Reports

It will be necessary for you to take up a copy of all medical records from your GP and any hospitals you have attended. Based on the medical expert’s opinion, your solicitor will prepare a medical report that details the extent of your injuries and the impact they have had on your life. This report will be used as evidence in your case.

Access your damages & Claims Letter

Expert consultants will help access your damages and your Solicitor will draft a letter of claim addressed to the involved parties. Special damages might include loss of earnings, both past and future, lost pension, the costs of care that you might need if you are severely injured, adaptations to your property to take account any loss of mobility, equipment, medical treatment and therapies, and any other financial losses which can be attributed to the negligence.

Settlement Negotiations 

Your solicitor will then begin the process of settlement negotiations. Based on the reply from the involved medical practitioners, the claim can be settled either in court or out of court.

Will I need to go to court?

Common types of A&E negligence claims  include:

Misdiagnosis or Delayed Diagnosis

This is one of the most frequent causes of A&E negligence claims. It happens when a healthcare professional incorrectly identifies a patient’s condition, fails to diagnose it altogether, or delays in making a correct diagnosis. Examples include:

• Missed or delayed diagnosis of serious conditions such as appendicitis, meningitis, stroke, sepsis, heart attack, or Cauda Equina Syndrome.
• Failure to diagnose fractures or other injuries, often due to misread X-rays or inadequate physical examinations.
• Dismissing critical symptoms as less severe conditions, leading to a worsening of the patient’s health.

Failure to Investigate or Order Appropriate Tests

A misdiagnosis often stems from the failure of A&E practitioners to carry out the necessary medical investigations or diagnostic tests. This includes:

• Not ordering essential tests such as X-rays, blood tests, MRI, or CT scans.
• Failing to properly interpret test results or symptoms.
• Not taking a comprehensive medical history from the patient.

Medication Errors

Mistakes related to medication can have serious, even fatal, consequences. These errors include:

• Prescribing the wrong medication or incorrect dosage.
• Administering medication to which the patient is allergic or combining incompatible medications.
• Failure to check patient notes before prescribing or administering drugs.

Failure to Treat or Inadequate Treatment

This occurs when a medical professional does not prescribe a necessary course of treatment for a patient’s condition, or the treatment provided is substandard. This can lead to a condition worsening. Examples include:

• Sending a patient home without resolving their condition or providing adequate aftercare instructions.
• Neglecting to monitor patients in critical conditions, leading to deterioration.
• Failure to act when a patient is showing symptoms of a serious condition.

Failure to Refer to a Specialist

A&E doctors must decide whether to refer a patient to specialists in other fields when necessary. A failure to do so can result in a patient not receiving the correct diagnosis and treatment, which a specialist could have provided.

Surgical Errors

While less common in the initial A&E setting, errors can occur during emergency surgeries performed in the department. These can include:

• Leaving foreign objects inside patients.
• Operating on the wrong body part .
• Performing unnecessary surgeries.

Improper Discharge

Discharging a patient prematurely or without proper advice and follow-up care can lead to avoidable harm and worsening conditions.

Hospital-Acquired Infections

While not always preventable, negligence can arise if a patient develops an infection due to poor hygiene practices or if an infection is not diagnosed and treated in a timely manner .

Nervous Shock Injuries

These refer to mental disorders, such as PTSD or depression, resulting from witnessing a distressing event, like a loved one’s death due to medical negligence.

Defective Medical Equipment

Harm caused by faulty medical products, such as implants or prostheses, can also lead to compensation claims if manufacturers neglect their duty to ensure product safety.