Accident And Emergency Compensation
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Accident and Emergency compensation
How to make a claim for accident and emergency (A&E) compensation?
Accident And Emergency Compensation
Most people visit the Accident and Emergency department on suffering moderate to severe injuries. People also visit the A&E department if they have contracted a dangerous illness, if not attended by a General Physician.
If you feel you were neglected while receiving treatment at an accident and emergency Compensation department, then you may be able to claim medical negligence. Only an experienced solicitor can suggest whether you can make a successful claim. You can get a free consultation call by filling the simple form.
Negligence in A&E departments
Accident & Emergency units are primarily busy, and the sheer number of patients with a wide variety of problems can overburden the staff, which leads to errors. Even though the nurses and hospital staff in A&E are highly trained, they sometimes also make mistakes.
- Patients can get injured from many commonly reported mistakes like:
- Sometimes patient sent home diagnosed as healthy, but in reality, their condition was serious
- Not suggesting X-ray or Scans where it was necessary
- Failure in arranging for vital tests needed to determine the severity of a condition
- Proving accident and emergency negligence:
- That means proving the medical staff and doctors:
- owed you a duty of care
- breached this duty
- you suffered harm as a result
- The ‘Bolam test’ applies when assessing the excellent standard of reasonable care in negligence cases involving doctors.
Evidence need for an A&E claim
Some of the most challenging compensation cases are claims for medical negligence. For this, you should collect maximum information to prove that the staff was negligent. Note every detail like
- The date and time you visit the hospital
- You went to the hospital in which condition
- Write/tell the names of the staff who treated you
- The treatment offered
- Why you feel the treatment you received was negligent
An experienced solicitor can help you decide if you can make a good case for negligence or not. They will also help you gather information and make a decision.
Solicitors will put your case together on a no-win-no-fee basis. The amount will be agreed upon between you and your solicitor before starting your case. You have to pay any court costs or lawyer fees only if you win, and as a percentage of the compensation you will receive.
The procedure for claiming compensation from the NHS
would bring your claim through NHS Resolution if NHS medical professional gave you negligent treatment. NHS Resolution is the body in England that handles negligence and other claims against the NHS on behalf of its member organizations. For claims against:
- Nurses or doctors
- General Physician
- Dentists
Your lawyer will send a letter of claim to NHS Resolution outlining your claim and the breach of duty. Your lawyer will then work hard to negotiate the compensation, including the following information:
The clinician responsible and the date.
- The nature and extent of the symptoms you suffered due to the violation in duty.
- The level of compensation you’re seeking.
Making a complaint to the NHS (Accident And Emergency Compensation )
You might consider writing a letter of complaint to the NHS trust responsible for the incident if you’ve been injured while on an accident and emergency ward. You have the right to make a complaint and get an efficient investigation, and have informed of the conclusion of any investigation.
The NHS complaints procedure is to identify and remedy problems. It is not only for claiming compensation. It can be a valuable way of understanding and give you better evidence to bring a medical negligence case.
How much A&E compensation can I claim?
It can be complicated to say how much compensation you might receive because every personal injury claim Scotland is different. The amount of compensation will be decided based on several factors such as the type and severity of any injury or condition, including any expenses you’ve had to pay. For example, this might include:
- Travel expenses for attending the medical appointments
- Medical bills for corrective surgery, medication, etc
- Lost savings from time taken off work
You must keep as many records as you can, such as receipts and wage slips. Your lawyer will be able to give you an estimate of the amount you might receive when all the circumstances of your case are known.
How long I have to make a claim?
The three years will count from the date of knowledge instead of knowing the effect of your injury until a later date. Another rule is for children under the age of 18. The law mentioned that child under the age of 18 cannot pursue a compensation claim. They can pursue claims once they turn 18 and till they attain the age of 21. Else their parent or guardian can launch a claim for them.