Accident and Emergency departments are high-pressure environments where split-second decisions can mean the difference between life and death. When mistakes happen in A&E—misdiagnosis, delayed treatment, or premature discharge—the consequences can be devastating.
If you or a family member has suffered harm due to negligent care in an NHS or private A&E department, you may be entitled to compensation. This guide explains your rights and how to pursue a claim.
What Constitutes A&E Negligence?
A&E negligence occurs when emergency department staff fail to meet the standard of care expected in an emergency setting, causing harm to the patient. This doesn’t mean every poor outcome is negligence—emergency medicine is inherently challenging. However, certain failures fall below acceptable standards:
- Misdiagnosis or delayed diagnosis – Missing obvious symptoms of serious conditions
- Failure to examine properly – Rushing assessments due to time pressure
- Misreading tests – Incorrectly interpreting X-rays, blood tests, or scans
- Delayed treatment – Failing to prioritise urgent cases correctly (triage errors)
- Premature discharge – Sending patients home without proper diagnosis or “safety net” advice
- Medication errors – Wrong drugs, wrong dosages, or dangerous combinations
- Poor communication – Failing to hand over critical information between staff
- Failure to admit – Not admitting patients who clearly need inpatient care
UK Statistics and Context
According to NHS Resolution, emergency medicine is one of the most common specialties for clinical negligence claims, alongside obstetrics and orthopaedics. In 2023/24:
- Total NHS compensation paid out: £2.87 billion
- Average compensation per claim: £204,672
- 81% of claims were resolved without going to court
- Over 10,800 claims were resolved through negotiation rather than litigation
Misdiagnosis Claims Data (2019-2024)
NHS Resolution data reveals that between 2019 and 2024:
- 8,067 misdiagnosis claims were lodged
- 5,677 claims were settled for a total of £970.7 million
- Misdiagnosis represents approximately 20% of all clinical negligence claims
The most common conditions missed or misdiagnosed in A&E include:
- Fractures and broken bones
- Appendicitis
- Meningitis
- Sepsis
- Cauda equina syndrome
- Heart attacks
- Strokes
UK Case Example: £1 Million Misdiagnosis Settlement
In a significant case reported by Connaught Law, a woman received £1 million in compensation after County Durham NHS Foundation Trust misdiagnosed her rare vein condition as gastritis. The misdiagnosis led to delayed treatment and serious long-term health consequences.
Who Is Liable for NHS A&E Negligence?
When you’re treated negligently in an NHS A&E department, you don’t sue the individual doctor or nurse. Instead:
- The NHS Trust is legally responsible for the standard of care provided
- Claims are handled by NHS Resolution, which acts as the NHS’s insurer
- Compensation is paid from NHS Resolution funds, not from individual hospital budgets
This system means you can pursue a claim without worrying about personally targeting individual healthcare workers.
What Do You Need to Prove?
To succeed in an A&E negligence claim, you must establish:
- Duty of care – The hospital owed you a duty of care (established when you presented at A&E)
- Breach of duty – The care you received fell below the standard expected of a reasonably competent A&E department (the “Bolam test”)
- Causation – The negligent care directly caused your harm
- Damage – You suffered actual harm as a result
Important: A poor outcome alone doesn’t prove negligence. You must show that the outcome was caused by substandard care, not simply the underlying medical condition.
Time Limits for Claims
Under the Limitation Act 1980, you generally have three years to start A&E negligence proceedings. The clock starts from:
- The date of the negligent treatment, OR
- The “date of knowledge”—when you first became aware that negligence caused your harm
Exceptions:
- Children: The three-year period starts on their 18th birthday, expiring at age 21
- Lack of mental capacity: The limitation period may be suspended until capacity is regained
- Fatal cases: The three-year period runs from the date of death for dependants’ claims
What Compensation Can You Claim?
A&E negligence compensation typically ranges from £1,000 to over £500,000, depending on the severity of harm. Awards cover:
- General damages – Pain, suffering, and loss of amenity
- Special damages – Financial losses including:
- Lost earnings (past and future)
- Private medical treatment costs
- Care and assistance costs
- Travel expenses for treatment
- Home adaptations if needed
- Equipment and aids
- Future losses – Ongoing care needs, therapies, and loss of earning capacity
Steps to Take After A&E Negligence
- Seek follow-up medical care – Get proper treatment for any ongoing issues
- Request your medical records – You’re entitled to copies of all NHS records (small admin fee may apply)
- Document everything – Note dates, times, staff names, and what was said
- Complain formally – Make a complaint to the hospital’s PALS team (Patient Advice and Liaison Service)
- Contact a solicitor – Seek legal advice as soon as possible to assess your claim
The Claims Process
Most A&E negligence claims follow this path:
- Initial assessment – A solicitor reviews your case to determine if you have grounds for a claim
- Medical records request – All relevant NHS records are obtained
- Expert medical opinion – Independent medical experts review whether negligence occurred
- Letter of claim – Formal notification sent to NHS Resolution
- Investigation – NHS Resolution has four months to respond
- Negotiation – Most cases settle at this stage without court proceedings
- Court proceedings – Only if settlement cannot be reached (uncommon)
Frequently Asked Questions
Can I still claim if I was partly responsible?
Possibly. If you contributed to your harm (e.g., not disclosing relevant medical history), your compensation may be reduced under “contributory negligence,” but you may still receive a partial award.
Will my claim affect the NHS or take money from patient care?
Claims are paid by NHS Resolution from a central fund, not from individual hospital budgets. The system also helps identify systemic problems and improve patient safety.
How long does an A&E negligence claim take?
Straightforward cases may settle within 12-18 months. Complex cases can take 3-5 years or longer, particularly if causation is disputed.
Do I need to pay upfront for a solicitor?
Most medical negligence solicitors work on a “No Win No Fee” basis (Conditional Fee Agreement), meaning you only pay if your claim succeeds.
What if a family member died due to A&E negligence?
You can bring a claim under the Fatal Accidents Act 1976 for bereavement damages (fixed at £15,120 for deaths after 1 May 2020), loss of dependency, and funeral costs.
