A&E Negligence Claims: A Complete Guide to Accident & Emergency Injury Claims

When you visit an Accident & Emergency (A&E) department, you expect prompt, competent, and safe medical attention — especially in urgent, potentially life-threatening situations. But when mistakes happen in A&E due to negligence, the consequences can be serious, often leading to multiple injuries, complications, or delayed treatment.

If you’ve suffered harm because of negligent treatment in A&E, you may be entitled to claim compensation for both the individual injuries and the combined impact on your life. This guide will explain how A&E negligence claims work, what you can claim for, and how we can support you through the process.

What is an A&E Negligence Claim?

An A&E negligence claim arises when a person suffers avoidable injury, harm, or medical complications because of substandard care in an Accident & Emergency department. In many cases, a single negligent incident can result in several injuries, mismanaged conditions, or delays in diagnosis and treatment.

For example:

• A patient with a head injury isn’t properly assessed, leading to a missed brain bleed and permanent neurological damage.

• A broken bone is missed on an X-ray, causing worsening pain, mobility issues, and the need for corrective surgery.

• A patient with chest pain is misdiagnosed, delaying treatment for a heart attack or serious cardiac event.

• Delays in treatment for sepsis or infections result in organ damage, mobility problems, and prolonged hospitalisation.

In these cases, instead of pursuing separate claims for each issue, they’re combined into a single, comprehensive medical negligence claim that reflects the full extent of your harm and how these problems have impacted your life.

How to Make an A&E Negligence Claim

Making a claim for medical negligence, especially while recovering, can feel daunting — but we make it clear, supportive, and manageable.

Step 1: Book a Free Consultation

Contact our specialist medical negligence team for a free, confidential, no-obligation chat. We’ll listen to your experience, assess whether you have a valid claim, and outline the steps we can take together.

Step 2: Gather Important Information

To build a strong case, we’ll help gather key evidence, including:

• A clear account of when, where, and how your treatment went wrong

• Hospital records, A&E notes, and medical test results

• Witness statements from family or friends present during your care

• Independent expert medical opinions about the standard of care you received

• Evidence of financial losses, such as lost earnings, treatment costs, and expenses

• Details of the symptoms, complications, and longer-term effects on your life

Once this evidence is gathered, your claim will be managed by a solicitor experienced in complex A&E and hospital negligence cases.

What If the NHS or Hospital Denies Responsibility?

If the hospital or NHS Trust disputes liability, it doesn’t mean your claim stops. Your solicitor can:

• Arrange for independent medical experts to review your case

• Examine your hospital notes and test results for signs of negligence

• Review breaches of national healthcare guidelines and NHS procedures

• Take legal action, where necessary, to secure justice and compensation

Clear, well-supported evidence — including expert reports and medical records — is key to successfully challenging denials of responsibility.

Who Can Make an A&E Negligence Claim?

You may be able to claim compensation if you or a loved one have suffered avoidable harm in A&E because of:

• Misdiagnosis or delayed diagnosis

• Failure to order necessary tests (like scans, blood tests, or X-rays)

• Mistakes in interpreting test results

• Delayed treatment for urgent or life-threatening conditions

• Poor record keeping or communication errors

• Errors in prescribing or administering medication

• Failure to admit or refer to specialists when necessary

Claims can be made by:

• The patient themselves

• A parent or guardian if the patient is under 18

• A relative or legal representative if the patient lacks mental capacity or has passed away due to negligence

What Can You Claim for in an A&E Negligence Case?

The value of your claim will depend on the severity of your injuries, the impact on your health, your recovery prospects, and your financial losses. A successful A&E claim can cover:

• Medical expenses: Additional or corrective treatment, therapy, and rehabilitation

• Pain and suffering: Physical pain, emotional trauma, and the mental health effects of negligence

• Loss of earnings: Past and future income losses if you’re unable to work

• Care costs: If you need help with personal care or daily activities

• Travel costs: For trips to hospitals, specialists, or therapy

• Home or vehicle adaptations: If your injuries impact your mobility or independence

• Loss of future earnings: If you’re unable to continue in your job or career due to your injuries

Our specialist solicitors ensure that every aspect of your physical, emotional, and financial losses are considered when calculating your compensation.

Can You Claim on Behalf of a Family Member?

Yes — you may be able to make a claim on behalf of a loved one if they:

• Are under 18 years of age

• Lack mental or physical capacity to manage their own legal affairs

• Have sadly passed away as a result of A&E negligence

In fatal cases, family members may also be able to claim for bereavement damages, dependency losses, and funeral expenses.

How Long Does an A&E Negligence Claim Take?

The time it takes to settle an A&E claim depends on:

• Whether the hospital admits liability

• The complexity and seriousness of your injuries

• The availability of medical records and evidence

• How long your recovery and future prognosis are expected to take

• Whether there are disputes over responsibility or medical opinion

Straightforward cases with clear evidence can settle within 12–18 months, while more serious or complicated cases may take two years or longer. Throughout the process, we’ll manage everything for you, provide regular updates, and work to secure the best possible outcome.

Are A&E Negligence Claims More Complicated Than Other Medical Claims?

Yes — A&E negligence cases are often more complex because they involve:

• Fast-paced, high-pressure environments with time-critical decisions

• Proving how poor care directly led to multiple injuries or complications

• Expert medical evidence to challenge decisions made in emergency situations

• NHS Trust policies and healthcare guidelines that must be examined

That’s why it’s essential to work with a solicitor experienced in hospital negligence and A&E claims, who understands the medical and legal complexities involved.

We’re Here to Support You

Suffering harm due to poor A&E care can be traumatic, disruptive, and life-changing. But you don’t have to go through it alone.

Our specialist A&E negligence solicitors are here to:

• Support you through every step of the claims process

• Help you access the medical treatment, rehabilitation, and financial relief you deserve

• Secure the maximum compensation possible to help you move forward

• Hold healthcare providers accountable for unsafe or negligent care

Contact us today for your free, confidential consultation — and take the first step towards justice, recovery, and peace of mind.