Accident and Emergency Claims – No Win No Fee

Accident and emergency (A&E) claims arise when a patient’s health is compromised due to negligent or subpar care from A&E staff. The NHS is constantly under a lot of pressure, and this means that many patients may receive poor care, which can result in harm or injury.

If you have visited A&E and have received negligent care that has led to a worsening health condition, then you may be entitled to make a claim for compensation.

Our team of personal injury solicitors at Beacon Law are highly experienced in dealing with A&E compensation claims, providing expert legal advice and support to our clients throughout the claims process. We offer our services on a no win no fee basis, meaning you do not need to worry about the costs than come with making a claim.

What is accident and emergency negligence?

A&E negligence refers to instances where medical professionals, particularly those working in accident and emergency (A&E) departments, fail to provide a standard level of care to a patient, resulting in harm or injury. There are many forms of negligence in A&E settings that often lead to accident and emergency claims, including:

• Misdiagnosis or delayed diagnosis: Failing to accurately diagnose a patient’s condition or delaying a diagnosis can lead to serious consequences, especially in emergency situations where time is critical.
• Medication errors: Administering the wrong medication, incorrect dosage, or failing to consider a patient’s allergies or other medications they may be taking can be considered negligence.
• Inadequate treatment or care: Failing to provide appropriate treatment or care based on the patient’s condition and medical history can result in harm.
• Failure to monitor: In some cases, patients in A&E require continuous monitoring, and neglecting this duty can lead to worsening conditions.
• Discharging a patient prematurely: Releasing a patient from the accident and emergency department without a proper evaluation or against medical advice can lead to harm or complications.
• Communication failures: Miscommunication among healthcare providers or between health service providers and the patient can lead to errors in diagnosis, treatment, or medication administration.
• Inadequate informed consent: Failing to properly inform a patient about the risks, benefits, and alternatives to a particular treatment or procedure can be considered negligence.

To prove A&E negligence, one typically needs to demonstrate that a healthcare provider breached the standard of care expected in their profession and that this breach directly caused harm to the patient.

Medical negligence claims surrounding accident and emergency compensation can be complex, and it often requires expert testimony from medical professionals to establish the breach of medical care. Our team at Beacon Law are highly experienced with A&E negligence claims, so please get in touch if you require more information on our services.

How do you make an accident and emergency claim?

To make a claim for accident and emergency negligence, you would first contact a team of medical negligence solicitors, such as the team at Beacon Law, who can assess the merits of your case and guide you through the legal process. Our team have experience in handling A&E claims and can provide you with the necessary guidance.

Your solicitor will assist you in gathering the relevant evidence to support your claim. This may include medical records, expert opinions, witness statements, and any other documentation that helps establish the negligence and its impact on your health.

Before initiating legal proceedings, your solicitor will follow the pre-action protocol, which involves notifying the healthcare provider of your intention to make a claim and providing them with the details of your case. This gives them an opportunity to investigate and respond to your claim.

In many cases, a negotiated settlement can be reached between the parties involved. Your solicitor will work on your behalf to negotiate a fair compensation amount that takes into account your damages and losses. If a settlement cannot be reached through negotiation or if liability is disputed, your case may proceed to court. In such instances, your solicitor will represent your interests and guide you through the court process to secure compensation.

How much compensation could you receive?

The amount of compensation you may expect to receive varies greatly on your injuries and the circumstances of your case. Generally, the more severe an injury or illness, the higher the amount of compensation awarded.

Compensation is typically split into two categories, general damages and special damages.

General damages refers to the compensation you are awarded as a direct result of the pain and suffering you have endured due to the negligence. It also includes any loss of amenity if your injuries have resulted in a reduction in quality of life.

Special damages refer to compensation for any additional expenses you may have incurred as a direct result of your injuries, such as loss of earnings if you are unable to work, any additional private medical expenses, and travel expenses to go to appointments related to your injuries.

Who pays for accident and emergency claims?

If the alleged negligence occurred during treatment provided by an NHS facility, the NHS is responsible for handling and paying for the claim. The NHS has a system in place called NHS Resolution for addressing and compensating patients who have suffered harm due to clinical negligence.

If it occurred in a private healthcare facility, such as a private hospital or clinic, the responsibility for the claim may fall on the private healthcare provider or their medical negligence insurance. Private healthcare providers are required to have medical indemnity insurance to cover potential claims.

What are the time limits to making a claim?

There are specific time limits for making a medical negligence claim, which are governed by the Limitation Act 1980. The time limits can vary depending on the circumstances of the case and when the negligence was discovered.

The standard time limit for bringing a medical negligence claim in the UK is three years from the date of the alleged negligence or injury. If you became aware of the negligence or injury later (i.e., it was not immediately apparent), the three-year period begins from the date of knowledge. The date of knowledge is when you first knew you suffered harm due to medical negligence.

In cases involving minors (individuals under 18 years of age), the three-year limitation period begins when they turn 18. However, parents or legal guardians can bring a claim on behalf of a minor before they turn 18. Additionally, If the injured person lacks mental capacity (e.g., due to a severe cognitive impairment), there is no time limit for bringing a claim.

How can Beacon Law assist?

Our specialist solicitors in personal injury are experts in bringing accident and emergency claims against the NHS or private healthcare providers. The solicitors at Beacon Law hold vast experience in negligence claims and will deal with the claim in a professional manner.

Your accident and emergency claim at Beacon Law will be under a no win no fee agreement, which vastly minimises the risk of incurring legal costs.

Under this agreement, you will not be required to pay our fees if your case is unsuccessful. If your case is successful, we will deduct our success fee from your compensation on conclusion of your case, alongside any additional fees.

There will be no upfront payment needed, and you will not need to worry about the risk of being in a worse financial situation should your compensation claim not succeed. To find out about our no win, no fee claim funding and the success fee, have a look at the funding section on our website. 

Beacon Law are registered Solicitors in England and Wales who are authorised and regulated by the Solicitors Regulation Authority. The registered office for Beacon Law is located in Cheshire.

If you are considering making a claim for negligence, please contact our team at Beacon Law on 0330 1332 857.