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Understanding A&E negligence

What is A&E negligence?

Accident and emergency departments provide a critical service for patients who need the most urgent care. A&E departments are fast-paced, high-pressure environments that work hard to treat patients effectively and efficiently.

However, things can - and do - go wrong. A&E negligence usually happens during diagnosis or treatment. Whilst the medical professional who treats you in A&E will always aim to treat you effectively and diagnose your symptoms accurately, mistakes do happen.

If you've experienced illness or injury that was caused by the action (or lack of action) of the medical professional who treated you, this is A&E negligence.

If you've suffered A&E negligence, you may be entitled to make a compensation claim. No matter what injury or illness you've experienced, we may be able to help you make an A&E negligence claim.

You can get in touch with us on . Or, if you prefer, request a callback at a time that suits you. Our expert advisors can help you to understand whether you're eligible to make a compensation claim and answer any questions you might have.

Types of A&E negligence

Misdiagnosis

In some circumstances, an A&E medical professional may misdiagnose you.

Common reasons for misdiagnosis at an accident and emergency department can include:

  • Errors that occur when examining a patient, such as recording their symptoms incorrectly.
  • Not completing appropriate medical investigations, such as scans and x-rays.
  • Misunderstanding the patient's medical history.
  • Incorrectly reading medical investigation results.
  • Failing to admit patients to A&E.

Treatment error

An error in administering treatment can leave you in pain and suffering for longer than necessary. Common treatment errors at A&E include:

  • Avoidably delaying an operation.
  • Administering the incorrect treatment.
  • Surgical negligence
  • Giving inadequate aftercare.
  • Neglecting or failing to record when a patient has deteriorated.

This list isn't exhaustive, it just represents some common causes that result in A&E negligence claims. If you don't see your circumstances above, don't worry - we can still help you. We've got over 31 years of experience helping people make successful accident and emergency claims - each with its own unique set of circumstances.

Contact our team on   for more information or fill in our secure online form to request a callback from one of our advisors.

Common injuries and illnesses caused by A&E negligence

Misdiagnosis and treatment errors can cause illness or injury. In a high pressure environment like an accident and emergency department, there are some injuries and illnesses that are more common than others.

Some common illnesses and injuries that lead to successful accident and emergency negligence claims include:

Accident and emergency negligence isn't limited to the conditions listed.. Any illness or injury that you have suffered due to negligence could make you eligible for A&E compensation.


Your compensation rights

Can I make a claim for A&E negligence compensation

If you've experienced A&E negligence, then you may be eligible to make a claim. However, this is subject to a time limit.

As an adult, you can make a claim within three years of the incident that caused your injury, or from the date that you became aware of the negligence. The claim will need to be settled, or for court proceedings to start, within the three years - so the sooner you start the process, the better.

However, there are a couple of exceptions to the three-year rule:

  • Where the person injured by the A&E negligence does not have the capacity to make a claim (perhaps because their injury or illness was so severe), then there is no time limit to make a compensation claim. If they regain capacity at any point after the accident, no matter how briefly, the standard three-year period will begin from that date, and doesn't stop, even if they lose capacity again.
  • If the patient is under 18 at the time of the A&E negligence, a claim can be made at any time before they turn 18 by a ‘litigation friend', which is often a parent or guardian. However, if no claim is made before they turn 18, then the person can make a claim as an adult, until their 21st birthday.

Due to the time limits on making accident and emergency claims, we recommend you contact us as soon as possible if you suffer accident and emergency negligence.

If you are unsure about how long you have left to claim, or if you have any queries about whether you're eligible to make an A&E negligence compensation claim, get in touch with our advisors on and we can talk it through with you.


Frequently asked questions...

It can take time to recover from any injury or illness that forced you to seek emergency treatment, especially if that injury was sustained in a serious accident. If your health deteriorates because you experience further injury or illness due to A&E negligence, then your recovery time is likely to be extended. This may leave you with significant burdens on your finances, ability to work, daily life and the lives of your family.

We're here to help you get back on track. We'll look at the full picture, starting with the incident that caused you to attend A&E in the first place. We'll then consider your current situation, identifying where the A&E negligence occurred and what impact it's had on your life.

You can rest assured that our expert A&E negligence solicitors will always seek the maximum payout they can, to compensate you for everything you've endured, including any costs you or those close to you have had to pay as a result.

We can't tell you exactly how much compensation you might receive from your A&E negligence claim at the outset, as every situation is unique. However, our online compensation calculator can give you a rough idea of what you might be entitled to.

More customer stories

Can I make a no win no fee claim?

Our panel of expert accident and emergency negligence solicitors usually work on a no win no fee basis. A no win no fee (or ‘conditional fee') agreement is a contract between you and your solicitor. It effectively means you've got no upfront costs and that you don't pay a penny if you don't win your claim.

If you lose, the specialist insurance our solicitors will help you to take out will cover your costs. If you win, any fees and costs will come from your A&E compensation payment. You'll be advised about this at the outset though, so there are no hidden costs.

If for any reason you're not eligible for a ‘no win no fee' agreement, your solicitor will tell you at the outset and explain your options to you. You'll always have the final decision about whether to proceed with your A&E compensation claim.


Working with National Accident Helpline

We can help you make an A&E negligence claim

Visits to Accident and Emergency can be extremely stressful, especially if you or someone close to you has been involved in a serious incident. Even less serious injuries can make a trip to A&E upsetting.

When you visit A&E you don't expect to suffer a further injury or illness because of your treatment. Where this happens, it makes an already stressful situation even worse, and often means that you need further medical treatment.

Seeking A&E compensation might not be the first thing on your mind when you are trying to recover. However, it's likely that your additional illness or injury will cause further emotional, psychological and financial burdens. If this was caused by A&E negligence, you could be eligible to make a claim.

A successful A&E claim can relieve some of the financial pressure you may experience, helping you to focus on your recovery. Your claim could help you cover the costs of:

  • Loss of earnings due to time off work.
  • Medical treatment and physical therapy.
  • Rent or mortgage payments.
  • Adaptations to your home or vehicle.
  • Travel and accommodation fees associated with your medical care.

We know that you have been through a lot. That's why we want to help make the A&E compensation claim process as stress-free as possible. We'll connect you with the right solicitor for your case. They'll explain everything to you and cut out all the legal jargon, so you know exactly what to expect when you claim.

Why choose us for your A&E negligence claim?

We've got over years_since years of experience in this area and have helped more people get back on their feet than any other personal injury service. We are the UK's most trusted provider of advice, service and support when it comes to personal injury - earning us a coveted ‘Excellent' rating on Trustpilot.

We strongly believe that if you have suffered due to someone else's negligence, you should get the compensation you deserve to minimise any impact on your life. We guide you through the process every step of the way, and provide free, impartial advice on claiming accident and emergency compensation. We're committed to getting you the best possible support so you can make the best possible recovery.



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Compassionate and stress-free claims handling.
Compensation on a No Win No Fee basis means you'll never be out of pocket.
We've handled over 40,000 medical claims.
Trusted, friendly and confidential support when you really need it.

Get in touch with our advisors today

Starting an accident and emergency claim with us is simple. Get in touch with our friendly advisors on for free. Alternatively, fill in our online form to request a callback at a time that suits you.

Meet the team

John Kushnick

John Kushnick

Legal Operations Director

With extensive personal injury legal and senior management experience, John oversees the optimisation of the customer journey - from the start of a claim through to final settlement.