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A&E Medical Negligence Claims
A&E departments are the busiest and most over stretched medical services in the UK. Medical errors are more likely to occur in A&E than in any other part of the health service. The consequences can be severe as A&E patients of may have a serious or life threatening injury or illness.
If you have suffered from a medical error in A&E within the last three years, True Solicitors LLP may be able to help you to make a claim. We have a team of clinical negligence lawyers whose experience and expertise can help you obtain the maximum compensation in the shortest possible time. We handle all claims on a No Win, No Fee basis.
What is classed as an A&E negligence claim?
A&E negligence claims can arise due to a medical practitioner’s failure to:
• Properly examine the patient and fully consider their symptoms, injury or illness.
• Thoroughly and accurately interpret test results, x-rays or scans.
• Request and conduct the appropriate investigations, such as blood tests, x-rays or scans.
• Admit patients for further treatment.
• Recognise serious symptoms and missing high risk conditions.
What are common examples of A&E negligence claims?
The effects of A&E negligence can be life changing, leaving the patient with long term injuries or health conditions. Common types of claims of this nature include:
• Delayed treatment of illness or injury.
• Misdiagnosis of illness or injury.
• Incorrect treatment administered.
• Inadequate examination.
• Insufficient medical investigation.
• Inappropriate medication being prescribed.
What can I claim compensation for if I have suffered due to A&E clinical negligence?
Our clinical negligence solicitors may be able to help you claim for the following:
- Loss of earnings
- Care and assistance
- Medical expenses such as corrective surgery, prescription charges and painkillers.
- Travel expenses
- Home and vehicle adaptations
- Rehabilitation costs
How will you calculate my claim?
Clinical negligence payouts are dependent upon the individual circumstances of your case. The amount will depend on factors such as:
• The severity of the effects of the medical negligence. How your life has been affected by the injury or illness.
• Financial losses, including how much money you have lost or will lose as a result of the clinical negligence (e.g. loss of earnings, travel expenses).
Use our compensation calculator below to get an idea of how much your physical injuries may be worth:
What is the time limit for making a clinical negligence claim?
The clinical negligence claims time limit is three years from the date you received the treatment, or three years from when you became aware that your illness or injury was caused due to the treatment you received. This means that you have to have either settled a claim for compensation or issued court proceedings within the three year limit.
There are exceptions such as cases involving children. An appropriate adult (usually a parent) can bring a claim before they reach the age of 18, after which time they have three years from their 18th birthday in which to settle a claim for compensation or have court proceedings issued.
The other exception being where there is a lack of mental capacity and someone else brings a claim for the adult, in which case there is no time limit to make a claim. Read our guide on making a clinical negligence claim on the behalf of a child for more information.
If a loved one has died due to clinical negligence, the three-year time limit runs from the date of death (so long as the time limit has not already expired). We appreciate that it can be a very upsetting time and we will guide you through the process sympathetically.
What will it cost me to bring a claim?
We are no win, no fee clinical negligence solicitors. This simply means that should we not win your case, you will not need to pay us a penny to cover your legal fees.
If you win your case your opponent will pay most of your legal costs.
Any legal costs not paid by your opponent will be deducted from the compensation that you receive. These costs include:
- The cost of your no win no fee insurance policy (After the Event Insurance)
- Some of your basic legal costs which cannot be recovered from your opponent
- A “success fee” which compensates us for the risk that if your claim was unsuccessful then we would not be paid at all.
Details of which will be discussed with you as the case progresses.
Read our guide on how personal injury claims are funded for more information
How long will my claim take?
The length of clinical negligence claims depends on how long it takes to gather evidence, whether the other party admits fault, the severity of the injury and the extent of the claim for special damages. Straightforward clinical negligence claims may settle within 12-18 months, whereas complex cases may take several years.
How do I make a claim?
You can start the claims process by contacting our First Response Team on 0344 854 7000.
A member of our friendly team will ask you a series of questions to outline the details of your case. Your answers will be analysed by one of our clinical negligence solicitors who will determine if your case has good prospects or not.
Alternatively you can submit your details using our online enquiry form below and we will contact you at a time convenient for you.
Submit Your claim – we will establish who was at fault and submit a claim on your behalf.
Gather the Evidence and Arrange Treatment – we will collect all of the evidence needed to prove your claim, arrange a medical examination for you, and if appropriate arrange treatment to assist with your recovery.
Win Your Claim – we will fight hard on your behalf to recover maximum compensation in the shortest time.
TRUE Case Studies
Patient receives a six figure damages payment due to a failure to diagnose cauda equina syndrome
What happened: Our client attended Accident & Emergency with a presentation of worsening back pain. They were assessed and an x-ray was performed. There was a failure to recognise that in the context of lower back pain our client’s symptoms of urinary problems and the loss of sensation in the buttocks, perineum and inner thighs (saddle paraesthesia) represented a neurosurgical emergency.
Despite having significant difficulty with walking and controlling their bladder they were not considered to be an emergency and were discharged to their GPs care with pain relief. The GP referred them for specialist care as they continued to suffer from symptoms of lower back pain and numbness in their leg and foot. They were eventually diagnosed with cauda equina syndrome, which is a serious condition caused by damage to the bundle of nerves below the end of the spinal cord, and underwent emergency surgery following an 11 day delay.
The effect on our client: Our client’s condition deteriorated and they were referred for further investigations by their GP. At this stage they were suffering from worsening pain, an inability to pass urine and reduced sensation in their left leg and buttocks. They underwent an urgent MRI scan and were subsequently referred to a neurologist who diagnosed cauda equina syndrome. They underwent emergency decompression and stabilisation surgery but due to the delay they made an incomplete recovery with loss of sensation in their left leg and toes.
How TRUE Solicitors were able to help: We brought a claim on behalf of our client on the grounds that there was a failure to recognise the serious nature of their presenting symptoms when they attended Accident & Emergency. Had their condition been appropriately assessed they would have been referred for an urgent MRI scan without delay, and would have been diagnosed with cauda equina syndrome and undergone decompression surgery 11 days earlier than they did, following which they would have achieved a complete recovery.
Whilst admissions were made in respect of the failings in treatment, the Defendant did not accept that the delay in treatment had led to a worse outcome. We therefore started Court proceedings. We obtained supportive medical evidence and following exchange we were able to enter into meaningful settlement negotiations and the matter was concluded.
Level of settlement achieved: £850,000
Practice area: Clinical Negligence – A&E / neurology
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