Negligence in A&E
Accident and Emergency Departments are busy places with doctors and nurses working under pressure. They often provide lifesaving treatment. On some occasions however, the treatment falls below the standards we expect.
What is A&E Negligence?
Negligence in the Accident & Emergency Department refers to when an emergency department doctor or a medical professional fails to provide adequate care and that standard level of care has fallen below what is considered as ‘reasonable’. Negligence in Accident & Emergency can be traumatic, painful and in some cases life threatening.
What Can I Claim Against The Medical Staff in A&E?
Claims can be made for injuries that have been directly caused, worsened, or overlooked by the medical professionals during your attendance in the Accident and Emergency Department.
Claims can be made for accidents or oversight leading to a physical injury, harmful impact on wellbeing or financial loss. The amount of compensation you could be entitled to receive for a successful claim will vary due to a number of different factors. These include the nature of the claim, the severity of injury, the pain and suffering experienced, and the extent to which further treatment could rectify the damage caused by the negligence.
Some common examples of negligence in Accident and Emergency include:
- Delayed or incorrect diagnosis
- Insufficient examinations
- Failure to carry out appropriate investigations
- Delays in treatment
- Missed fractures
Do I Have A Claim For Clinical Negligence?
If you have suffered an injury or your condition has been made worse as a result of negligent treatment you received whilst in an Accident and Emergency Department, then you may be able to make a claim for compensation against the Hospital Trust.
Get in touch with us for a free initial consultation and we can talk through your individual circumstances with you. If you wish to pursue a claim, a specialist solicitor will represent you and explain what should be expected.
How Much Does It Cost To Make A Claim?
The majority of our claims are funded by way of a Conditional Fee Agreement, more commonly known as a ‘No Win, No Fee’ agreement. This simply means that if your claim is unsuccessful, we, as your solicitors, will not charge you anything for the work we have done in relation to your case, and you will not be required to pay for our services so long as you keep to the terms of the funding agreement.
In cases where the claim is successful, the majority of the legal costs will be recovered from the Defendant. Some of the costs are recovered from your compensation, but those costs are limited to a fixed percentage, usually a maximum of 25% of the compensation recovered.
However, there are alternative funding options available. Legal Expenses Insurance could also provide you with a viable way to fund your case.
We will discuss your options with you and let you know the best funding option available for your claim.
How Can Waldrons Help?
Here at Waldrons Solicitors, an experienced team of lawyers are dedicated to getting the best possible outcome for you. We aim to investigate your concerns and find out exactly what has happened, with the aid of leading medical experts. We will assist you in recovering the compensation you deserve.
As well as telephone consultations, we offer in-person meetings and home visits to make this experience as stress-free as possible. Please click here to contact us.
Is There A Time Limit For Making A Clinical Negligence Claim?
Yes. You should start a claim as soon as possible. Generally, you will need to start Court proceedings within three years of the negligence happening. After three years the Defendant will be able to raise ‘limitation’ as a defence to any claim, and argue that you are out of time for bringing a claim. There are some exceptions to this limit, although the best way of finding out whether you are in time to bring a claim is to speak to one of our specialist lawyers.
How Long Do Clinical Negligence Claims Take?
A claim can take anywhere between a few months and a few years to settle. This depends on the extent of injury and whether the negligence is admitted by the Defendant. A typical case usually takes between 2-3 years to finish. Bigger and more complicated claims tend to take longer. Don’t worry, we will be with you every step of the way.
Will I Need To Have A Medical Assessment If I Make A Claim?
Normally, yes. To substantiate whether there is a claim, access to the relevant medical records will be needed. The records can then be assessed by a medical expert who offers their own medical opinion in relation to the possible claim.
Can I Make A Complaint About The Treatment I Received in A&E, When No Financial Compensation Is Needed?
Yes, you can. You can complain to find out what happened, to ask for an apology or to ask that policies or procedures are changed as a result of your experiences. If you’d like to have a copy of our template complaints letter and complaints information pack, please contact us to speak to one of the team.