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A&E Claims

Suing the NHS or private healthcare providers for Accident and Emergency (A&E) negligence.

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What Qualifies as “Negligence” in A&E?

Accident and Emergency negligence occurs when the care provided in an A&E department falls below the standard expected of a reasonably competent medical team, resulting in avoidable harm. A&E departments are fast-paced and high-pressure environments, but this does not remove the duty to assess and treat patients safely.

Negligence can arise at any stage of an A&E visit – from triage and examination to diagnosis, treatment, or discharge. When warning signs are missed or treatment is delayed, patients may suffer worsening injuries, long-term complications, or life-threatening outcomes. Our specialist solicitors assess whether your care met acceptable standards and whether earlier or better treatment could have prevented the harm you experienced.

Common Types of A&E Negligence Claims

Most Accident and Emergency claims involve one or more of the following failures:

Misdiagnosis and delayed diagnosis: Serious conditions such as strokes, heart attacks, aortic dissection, cauda equina syndrome, meningitis, or internal injuries may be mistaken for minor issues and sent home untreated.
Delayed emergency treatment: Excessive waiting times or failure to prioritise urgent cases can allow conditions to deteriorate unnecessarily.
Failure to investigate properly: Not ordering scans, blood tests, or X-rays when symptoms clearly warrant further investigation.
Inadequate examination: Patients may not be physically examined properly, or key symptoms may be overlooked during triage.
Failure to refer to specialists: Not escalating care or referring patients to the appropriate department when required.

Claims may also arise where patients present with non-specific symptoms – such as general pain or headaches – and are discharged without recognising a serious underlying condition.

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Specialist negligence solicitors

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Specialist negligence solicitors

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Am I Eligible to Make a Claim?

To bring a successful claim, four key elements must usually be proven:

1

Duty of care

The healthcare provider had a legal responsibility to care for you.

2

Breach of duty

The care fell below acceptable medical standards.

3

Causation

The harm you suffered was a direct result of that substandard care.

4

Damage

You experienced physical, emotional, or financial harm as a consequence.

Is there a time limit?

You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.

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Related Claims

Anaesthetic Errors

Nerve Damage

Pressure Sores

Hospital Neglect

Wrong-site Surgery

Failure to Treat

Retained Surgical Instruments

Organ Perforation

Defective Medical Devices

Your Questions Answered

How do I know if what happened in A&E was negligent?

A claim is not based on the fact that A&E was under pressure. It depends on whether a reasonably competent A&E team should have recognised the seriousness of your condition and acted differently. Independent medical experts are used to assess whether your outcome could have been avoided with proper assessment, investigation, or referral.

Can I make a claim on behalf of someone else?

Yes – if the person affected is unable to bring the claim themselves, a litigation friend can act on their behalf. This applies if the individual:

Is under 18
Has limited or no mental capacity
Has experienced cognitive decline or disability that prevents legal decision-making

Litigation friends are often family members or close friends. They make legal decisions in the claimant’s best interest and liaise with the solicitor to progress the case.

Can I sue the NHS for negligence in A&E?

Yes. If negligent treatment occurred during an NHS Accident and Emergency attendance, you can bring a claim against the responsible NHS trust. These claims are handled through NHS Resolution, a national scheme set up specifically to manage clinical negligence claims.

Compensation does not come from an individual hospital’s day-to-day budget and will not affect your access to future NHS care. The system exists to ensure patients harmed by substandard emergency treatment receive appropriate redress.

What if the A&E department was privately run?

You can still bring a claim if negligent care occurred in a private A&E unit, urgent treatment centre, or private hospital emergency department. Private providers are legally required to hold indemnity insurance to cover medical negligence claims.

Responsibility may lie with the hospital, the treating clinician, or both. This depends on who controlled your care and whether failures arose from individual decisions, systems, or staffing arrangements.

What can compensation help with?

Compensation is intended to reflect the full impact of A&E negligence on your life, not just the initial injury. Depending on your circumstances, it may help with:

Further or corrective medical treatment
Rehabilitation, therapy, or long-term care
Loss of earnings and reduced future income
Travel costs and medical expenses
Pain, suffering, and loss of quality of life

Do most claims go to court?

No. The majority of A&E claims are resolved without a trial. Once medical records and expert evidence are reviewed, many cases settle through negotiation.

Court proceedings are generally only needed where responsibility is denied or a fair settlement cannot be agreed. Even then, many cases still resolve before reaching a final hearing.

Whatever happens, our team of specialist solicitors can support you.