Accident and Emergency negligence can have disastrous impact on patients’ lives. Recently, we reported on the public’s concern about delays in being seen and treated at Accident and Emergency. Unfortunately, these delays can also result in cases of Accident and Emergency negligence.
As specialist lawyers in medical negligence, we support people who have been harmed due to substandard care. We can help you get answers about what happened to you, and if your case is successful, we will negotiate a fair settlement, so that you can start to move on with your life.
In this guide, we will explain the essential steps to take if you believe you have been affected by Accident and Emergency negligence. Whether you are just beginning to question your treatment or are already considering legal action, this post will provide you with the guidance, insight, and confidence to move forward.
Understanding Accident and Emergency Negligence
At MDS, we help people pursue Accident and Emergency negligence claims. We work tirelessly to ensure that our clients receive the compensation they deserve.
Click here to read more about how we can help you with a claim for Accident and Emergency negligence.
Common Forms of Accident and Emergency Negligence
Accident and Emergency negligence can take many forms. Some of the most common scenarios are:
- Failure and / or delay in diagnosing a DVT or a PE. A DVT (Deep Vein Thrombosis) occurs when a blood clot forms in the legs. If a DVT has formed but there has been a failure or delay in diagnosing a DVT, the blood clot can travel from the leg into the lungs causing a PE (pulmonary embolism). PE occurs when the blood clot has blocked the arteries in the lungs, and a delay in treating a PE can cause organ damage and, very rarely, death. A PE usually causes symptoms such as shortness of breath, chest pain and occasionally coughing up blood. Delays in identification of DVT or PE in Accident and Emergency can form the basis for an Accident and Emergency negligence claim.
- Delay in treating sepsis. Sepsis is when your immune system has intensely reacted to an infection, meaning that the body’s response is causing harm. Sepsis can then progress to severe sepsis which can be life-threatening, and this requires immediate treatment and can cause damage to your organs. A delay in identifying and treating sepsis can then cause or contribute to serious injuries, and on occasion death. This may be the basis for an Accident and Emergency negligence claim.
- Delay in identifying cauda equina syndrome. Cauda Equina Syndrome is considered a surgical emergency. There are recognised red flag symptoms, which should be investigated so that in appropriate cases emergency surgery can be arranged. These red flags include lower back pain that radiates down both legs, numbness and altered sensation in the buttocks and in the genital area, and problems with your bladder or bowel. A failure to consider and perform an MRI scan in Accident and Emergency can mean that surgery is delayed, which can result in Cauda Equina symptoms worsening and becoming permanent. This may be the basis for an Accident and Emergency negligence claim.
- Delay in treating a stroke. Time is of the essence when treating a stroke. Some treatment options are subject to how much time has passed since you first started to exhibit symptoms. If a delay has occurred, then these treatment options may not be available to you which could result in permanent brain damage, or on occasion, death. This may be the basis for an Accident and Emergency negligence claim.
- Missed fractures. Occasionally, when an x-ray is taken after an accident, the x-ray can be misinterpreted as showing no fracture. If there actually is a fracture, this can slow down your recovery as the correct treatment has not been provided. This can result in unnecessary pain and suffering which would have been avoided with earlier diagnosis as a result of Accident and Emergency negligence.
Step-by-Step Guide: What to Do If You Suspect Accident and Emergency Negligence
1. Recognise the Signs of Medical Negligence
The first step is identifying whether your situation may involve Accident and Emergency negligence. Ask yourself:
- Were you or a loved one waiting longer than expected for treatment while you were at Accident and Emergency?
- Have you had to go back to Accident and Emergency or another medical professional for further treatment due to ongoing pain or problems?
- Have you been told that you would have had a different outcome if treatment had been provided sooner?
- Have you been asked to attend a duty of candour meeting?
- Has an investigation into the care you received been conducted by the Trust responsible for the Accident and Emergency department?
If any of these questions strike a chord with you, you may have a claim for Accident and Emergency Negligence. Contact us to discuss what happened and we will confirm if we can assist you.
2. Request and Review Your Medical Records
You have a legal right to access your full medical history. Your records will include:
- Triage notes
- Consultation notes
- Diagnostic test results
- Scan and x-rays if they were taken.
These documents are essential when pursuing an Accident and Emergency negligence claim, as they form the basis of evidence showing whether proper care was provided.
Tip: Request records as soon as possible. Hospitals typically respond within 30 days, but delays can occur.
Early sight of your medical records can be very useful to us if you contact us to discuss your concerns about possible Accident and Emergency negligence.
3. Keep a Personal Diary and Collect Supporting Evidence
While medical records are crucial, your own experience matters too. Start making notes of:
- Your symptoms when you attended Accident and Emergency
- The timeline of treatment that you needed as a result of a delay at Accident and Emergency
- Physical and emotional impacts (e.g. pain, depression)
- Any advice given by your doctors as to the effect of the delay, and what your long-term prognosis is expected to be.
You can also include photos, prescription records, and witness statements from loved ones or caregivers. This can greatly strengthen your claim for Accident and Emergency negligence compensation and is very helpful to us if you contact us to discuss your concerns.
4. Speak to a Specialist Medical Negligence Solicitor
Now is the time to contact a legal expert. At MDS, we offer a free initial consultation to assess your potential case. Our team will:
- Review your documents and timeline
- Identify whether there are any concerns about the treatment that you received, which could be negligent
- Explain the process of making an Accident and Emergency negligence claim
- Discuss your options, including no win, no fee arrangements.
Medical negligence is all that we do, which means we understand these complex cases and know how to secure the best outcomes for our clients. Our team has a lot of experience in Accident and Emergency negligence claims.
Contact us if you have concerns about the treatment that you or a loved one has received.
5. Undergo an Independent Medical Assessment
If we can assist with your Accident and Emergency negligence claim and if it is appropriate to do so, then you will eventually need to have an assessment with one or more experienced, independent medical experts.
These specialists will:
- Examine your current health and medical history, including looking at your medical records
- Provide a professional opinion on whether your care fell below an acceptable standard
- Determine the short - and long - term impacts of the negligence.
Expert evidence is critical in medical negligence claims. If we can assist with your claim, we will provide more information about obtaining expert evidence after we have conducted our initial investigations.
6. Understand the Legal Process and Potential Outcomes
The claims process typically involves:
- Initial investigations: Considering what happened to you and analysing your medical records
- Obtaining independent expert evidence: The expert will comment on the care that you received and whether it fell below an acceptable standard. If the expert evidence is not supportive, we will advise you about your options.
- Letter of Claim: If the expert evidence is supportive, allegations outlining your case are sent to the potential Defendant.
- Response from the Defendant: The Defendant has the opportunity to respond to the allegations. They may obtain their own expert evidence at this stage.
The next stages of the claim depend on the response from the Defendant:
- Settlement: If liability is admitted, we negotiate a fair settlement.
- Court proceedings (if necessary): If a resolution is not reached after the Defendant responds to the Letter of Claim, we will advise you as to whether it will be appropriate to start court proceedings.
If a claim for Accident and Emergency negligence is successful, compensation can cover:
- Pain, suffering, and loss of amenity
- Psychological trauma
- Loss of income or future earnings
- Cost of further treatment or care
- Travel and other associated expenses.
The majority of medical negligence claims are concluded without going to court. Whatever happens in your case, we will support you every step of the way. We are in your corner.
Real Stories: Lives Changed - Justice Delivered
Case Study 1: Delay in A&E treatment leaves Mrs N in chronic pain
Mrs N was a previous client for whom we obtained compensation for her ongoing chronic pain. Mrs N had suffered a slip and trip and was experiencing pain in her left foot and ankle. Mrs N was taken to Accident and Emergency, and an x-ray took place which was negligently interpreted as showing that there was no evidence of a fracture and was discharged.
Mrs N then was unable to weight bear, her foot had turned black, and she could not tolerate putting on socks. After experiencing this for a period of 2 weeks, she sought advice from her GP which resulted in the hospital reviewing her x-ray and identifying that her foot was fractured. Unfortunately, this meant that her treatment was delayed, and she experienced ongoing pain in her foot that restricted her activities.
Click here if you would like to read more about Mrs N’s claim.
Case Study 2: No MRI for CES leaves young mum severely injured.
Ms C attended Accident and Emergency with symptoms of a numb bottom, reduced sensation when urinating and on wiping, as well as shooting pain down her right leg to the sole of her foot which was worsening. She was seen by a junior doctor who suspected Cauda Equina Syndrome, but when her attendance was reviewed a senior doctor disagreed and Ms C did not obtain an emergency MRI scan and Ms C was discharged.
The pain continued, and as a result, Ms C paid for her own private MRI scan to investigate her symptoms which showed that she had a prolapsed disc and an urgent referral for surgery was made. Unfortunately, the surgery was too late, and Ms C was left with major bowel and bladder problems, sexual dysfunction, neuropathic pain, neurological damage to her right foot and legs as well as other ongoing symptoms. Ms C was also left unable to work following her injury.
Click here to read more about Ms C’s case.
Why Choose MDS for Your Accident and Emergency Negligence Claim?
- We are Specialists: We only handle medical negligence claims.
- We are Compassionate: We treat every case with empathy and respect.
- We have Proven Results: We have a strong track record in successfully settling Accident and Emergency negligence claims and securing compensation for our clients.
- We offer No Win, No Fee: We make justice accessible without financial risk to you.
We believe that no one should suffer in silence. If you are concerned that you have experienced Accident and Emergency negligence, you deserve answers. We are here to help you get them.
Conclusion: Take Action, Protect Your Future
Injuries from Accident and Emergency negligence can be life changing. If it happened due to medical negligence, you have every right to get answers and pursue justice. The physical, emotional, and financial burdens can seem overwhelming — but with legal support from MDS, you do not have to face them alone. We will be with you every step of the way.
At MDS, we are committed to helping you take back control. Contact us today for a free consultation, so that we can discuss your concerns and explore your options. Your voice matters—and your story deserves to be heard.
Quote from author. Lauren Kerse, Associate Director and Specialist Medical Negligence Solicitor from MDS, said “Accident and Emergency departments are critical in providing immediate care to those in urgent need. When Accident and Emergency negligence occurs, it can have severe consequences for patients. If you believe that you or a loved one has been affected by Accident and Emergency negligence, it is important to seek advice to see whether seeking compensation is the right choice for you.”
MDS is a specialist medical negligence law firm. We specialise in claims involving cancer, maternity, cauda equina syndrome, as well as Accident and Emergency negligence. Our expert solicitors represent clients all around England and Wales, and we are dedicated to helping people who have been injured by medical negligence.
Our solicitors have extensive experience of representing clients and their families whose lives have been affected by Accident and Emergency negligence. Click here to read more about how we can help you.
If you are concerned about any care that you or a member of your family has received, please contact our experienced team on 0116 254 7456 or email: enquiries@moosaduke.com. You can also enquire online by clicking here.
