Accident and emergency claims

The accident and emergency department of a hospital or A&E provides emergency treatment for people with acute or sudden serious illness, medical emergencies or severe accidental or traumatic injuries. A&E units are sometimes known as ‘the emergency department’ or ED, or casualty.

Larger accident and emergency departments are consultant-led with full resuscitation facilities and are open to patients 24 hours a day. Smaller A&E units, such as ‘walk in centres’ or ‘minor injury units’, may be doctor or nurse-led and only treat minor illnesses and injuries. Some consultant-led A&E units only provide specialist treatment, such as eye casualty units.

When patients arrive at the accident and emergency department, the A&E or ED staff must assess quickly which patients should be prioritised for treatment, depending on their condition. This process is known as triage.

Patients are then assessed by a doctor or nurse and may be referred for further investigations, such as x-rays and scans, or for review or treatment by a specialist. They may be admitted to hospital for urgent treatment, referred to another hospital or back to their GP, given an appointment to attend a clinic at a later date, or sent home (discharged).

Due to its nature, the accident and emergency department is a fast-paced and high-pressure environment which has to respond quickly and effectively to the urgent and complex needs of its patients. Pressure on A&E departments can lead to severe and progressive injuries being missed or investigation, diagnosis and treatment being delayed with catastrophic consequences. Claims for A&E negligence usually arise from diagnosis errors, treatment errors, delays, incorrect prioritising of a patient’s need for treatment or negligently discharging a patient.

Misdiagnosis

A&E negligence claims involving diagnosis may include:

• failing to assess or examine a patient properly or take thorough information about their medical history or condition;
• making a wrong diagnosis or failing to make a diagnosis;
• failing to recognise red flag symptoms of emergency conditions;
• failure to monitor and observe the patient or notice deterioration in their condition;
• failing to carry out or follow up investigations (such as blood tests, scans, x-rays) or misinterpreting the results.

Delays

A&E negligence claims can arise from injury caused by delays:

• in assessing the patient or diagnosing their condition;
• in providing emergency or urgent treatment;
• in referring the patient for specialist review or transfer to another hospital;
• in admitting the patient to hospital for treatment.

Treatment errors:

A&E negligence claims can also arise from injuries caused by treatment errors such as:

• failing to provide emergency treatment (such as resuscitation, IV antibiotics);
• giving the wrong treatment, or using the wrong technique or equipment;
• medication errors;
• discharging a patient incorrectly, without treatment, referral or safety-netting advice.

Claims for injuries caused by negligent treatment in medical emergencies may involve more than one healthcare provider. Find out more about GP Negligence claims or ambulance service, paramedic or NHS 111 negligence claims.

NHS Problems:

All areas of the NHS have a legal responsibility to provide safe care and to compensate patients who have been severely injured as a result of negligence. The patient’s right to claim is not affected by NHS problems such as:

• staff shortages;
• lack of training or trained staff;
• lack of government funding or resources;
• queues, overcrowding, or lack of capacity.

Mistakes and delays in A&E treatment can cause severe injury. We can help patients claim compensation after negligent accident and emergency department treatment leads to:

• Brain injury, such as from delayed or incorrect response to:
  • respiratory arrest and breathing problems;
  • cardiac arrest or heart attack;
  • brain haemorrhage (brain bleeding), stroke or epilepsy;
  • emergencies in pregnancy and childbirth (birth injury);
• Spinal injury (SCI):
  • tetraplegia;
  • paraplegia;
  • paralysis;
  • cauda equina syndrome (CES);
• Amputation, including from:
  • peripheral ischaemia;
  • Infection such as meningitis or sepsis;
  • thrombosis, clots, DVTs;
  • severe allergic reactions or anaphylaxis.
• Damage to vital organs;
• Blindness;
• Long term disability;
• PTSD;
• Death or fatal injury.