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A&E Negligence Claims: Free Assessment
Can I claim? You may be able to claim if care in Accident and Emergency fell below a reasonable standard and caused avoidable harm. A&E departments face pressure, but a poor outcome or long wait alone does not establish negligence.
Medical Negligence Consultants is an FCA-regulated claims management company (FRN 836324), not a law firm. We offer free initial assessments and refer suitable enquiries to specialist solicitors on our panel.
Request a free call-back or call 0800 612 4970 (9am to 9pm, seven days a week).
Examples of A&E negligence
- Misdiagnosis and missed injuries
- Incorrect treatment
- Missed fractures
- Poor triage and delayed assessment of serious conditions
- Failure to order X-rays, scans, blood tests or ECGs
- Failure to escalate to a senior clinician or specialist
- Unsafe discharge without follow-up or safety-netting
- Delayed treatment of sepsis, stroke, heart attack or head injury
- Abnormal results not followed up
What a claim must prove
- Breach of duty: An independent emergency medicine expert assesses whether care fell below a reasonable standard.
- Causation: The failing must have caused avoidable harm, such as deterioration, extra treatment or a worse recovery.
If the outcome would have been the same with reasonable care, a claim is unlikely to succeed.
Who is responsible?
For NHS care, claims are usually brought against the relevant NHS trust and handled by NHS Resolution. A solicitor identifies the appropriate defendant.
What compensation can cover
Successful claims may cover pain, suffering and loss of amenity, lost earnings, treatment, therapy and care. We cannot promise an outcome or amount.
How long do I have to claim?
The usual limitation period in England and Wales is three years from negligent care or the relevant date of knowledge. Different rules apply to children and people lacking capacity. Seek advice early.
How our free assessment works
- Tell us what happened. Describe your attendance and subsequent harm.
- We assess your enquiry free of charge.
- Referral to the right solicitor. If suitable, we refer you to a panel solicitor who explains funding and next steps.
What to gather
The hospital, attendance date, discharge letter, imaging dates, timeline of symptoms and details of subsequent treatment, lost earnings and costs. A solicitor can request your records.
A&E Negligence Claims FAQs
Can I claim if I was sent home from A&E and later became more seriously ill?
Possibly. It depends on whether a reasonable standard of assessment was met at the time and whether a different approach would have led to a better outcome.
Is a long wait in A&E negligence?
Not by itself. A long wait can be relevant if you came to harm because a serious condition was not recognised or treated in time.
Can I claim if my injury was missed in A&E?
Possibly. If a reasonably competent clinician would have found the injury and the delay caused avoidable harm, you may have a claim.
Can I claim for a relative who died after A&E care?
Often, yes. A family member may be able to bring a claim after a death. A solicitor will advise who can claim.
How long do I have to claim?
Usually 3 years from the negligent care or from when you first knew about the harm. Children and people lacking capacity have different rules.
Are you a law firm?
No. We are a claims management company, FCA regulated (FRN 836324). We refer suitable enquiries to a solicitor on our panel.
How do you choose which solicitor handles my claim?
We match your enquiry to the panel solicitor best suited to your type of claim.
Is the assessment free?
Yes. If we refer you to a solicitor, they explain funding options, including any No Win No Fee arrangement, before you decide.
Related pages: Hospital negligence · A&E misdiagnosis
Medical Negligence Consultants is FCA regulated, FRN 836324. We are not a law firm. General information, not legal or medical advice.
Misdiagnosis
If the clinicians and doctors in A&E diagnosed you wrongly or unreasonably delayed the diagnosis of your condition, then you may have a Misdiagnosis Claim
Incorrect treatment
If the clinicians and doctors in A&E gave you incorrect treatment, then you may have a Incorrect Treatment Claim
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