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 often have a serious or life threatening injury or illness.
If you have suffered from a medical error in A&E, TRUE Solicitors may be able to help you to make a claim. TRUE Solicitors has a team of specialist lawyers whose experience and expertise can help you obtain the maximum compensation in the shortest possible time.
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 A&E negligence claims include:
• Delayed treatment of illness or injury.
• Hospital infections.
• Misdiagnosis of illness or injury.
• Incorrect treatment administered.
• Inadequate examination.
• Insufficient medical investigation.
• Inappropriate medication being prescribed.
• Missed bone fractures.
• Poor aftercare.
What can I claim compensation for if I have suffered due to A&E medical negligence?
You may be able to claim for the following:
• Loss of earnings.
• Injury compensation.
• Medical expenses such as corrective surgery, prescription charges and painkillers.
• Compensation for the care and support provided for free by family or friends.
• Reduced life expectancy.
• Ongoing illness.
• Recovery time.
• Expected lifestyle change.
How much will my A&E negligence claim be worth
The amount of compensation that you may receive is 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 medical negligence (e.g. loss of earnings, travel expenses).
Is there a time limit for making an A&E negligence claim?
You have up to 3 years from the date you became aware that you received negligent treatment to make a claim. It is advisable to seek legal advice as soon as possible, whilst the information and circumstances about the negligent treatment is fresh to mind.
You are able to make a claim on a child’s behalf at any time after the negligent treatment occurred, before the child reaches the age of 18. After the child has turned 18 they have until they are 21 to make a claim themselves.
How much will it cost to make a claim for A&E negligence?
TRUE Solicitors will manage your claim on a ‘No win, No fee’ basis, so there is no financial risk to you. Our charges to you are dependent upon the individual type of case, and are typically a percentage of the compensation amount that we obtain for you. The charges will be no more than 25% of your compensation amount.
How Long Will My Claim Take?
The length of medical negligence claims depends on whether the other party admits fault, the severity of the injury and the extent of the claim for losses and expenses. Straightforward medical negligence claims may settle within a few months, whereas complex cases may take in excess of a year.
How Do I start an A&E Negligence Claim?
If you believe that you or a loved one has a claim, contact TRUE Solicitors today to speak to a member of our medical negligence team. We offer an initial free, no obligation assessment of your case.
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