If the treatment you received in an accident and emergency (A & E) department fell below a reasonable standard of care and it can be shown that this negligence resulted in you suffering a delayed recovery, complication or additional injury or illness, you could be entitled to make a compensation claim.
At Devonshires Claims our medical negligence solicitors provide a free case evaluation to determine if you have a potential compensation claim. We offer victims of medical negligence a ‘No Win No Fee’ agreement. This means that you will not be charged any upfront legal costs in order to start your A & E compensation claim and if your claim is not successful, you will not incur any costs*.
Negligent Care in Accident and Emergency (A & E)
1n 2018/19 the NHS received 10, 6781 compensation claims, with a large number of claims following negligence in A & E.
If you visited an A & E department and sustained further injury or harm due to mistakes made in the diagnosis or treatment of your condition or injury you could be entitled to compensation for your pain and suffering. These mistakes also include the failure of a nurse, doctor, consultant or other medical professional to refer you to specialist care or further treatment or tests.
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A & E negligence could involve a variety of situations involving diagnosis, treatment and post-care.
- Mistakes made during a diagnosis could include:
- Failure to check a patient’s medical history
- Mistakes made when examining a patient, leading to the misdiagnosis of a condition or the delayed diagnosis of a condition or illness.Conditions often misdiagnosed include: strokes, meningitis, aortic aneurysm, Cauda Equina Syndrome, gall stones, pulmonary embolism, deep vein thrombosis, hernias, compartment syndrome, and fractures, including Scaphoid fractures
- Failure to refer a patient on to a specialist stroke team for acute treatment
- Not carrying out or requesting the correct tests eg. x-rays, blood tests, scans
- Mistakes made when reviewing results of x-rays and other tests
- Failing to admit patients when further monitoring or emergency care should have been arranged
- Treatment errors in A & E could include:
- Incorrect treatment or medication given to a patient
- Failure to monitor symptoms and deterioration in condition
- Failure to fully treat wounds resulting in infection and further treatment required
- Not operating on a patient, not operating in time or mistakes made during emergency surgery
- Negligent care after surgery or treatment
- Negligent care in A & E could include:
- A patient being dropped by paramedics or injured in a fall eg. from a bed or wheelchair
- Failure to ensure a patient attends follow up care
If you believe that you or a loved one may have received negligent A & E care and treatment, you may be able to make an A & E compensation claim.
The first thing to do is contact Devonshires Claims and provide details of the incident or injury.
Our experienced medical negligence solicitors will then review your case and determine whether you have the grounds to make an A & E compensation claim.
To prepare for Devonshires Claims’ free medical negligence case evaluation, we recommend that you note:
- Details of the medical condition / accident requiring an A & E visit
- The date and time of your visit
- If possible, the names of the health care providers who treated you
- The nature of the treatment received and waiting time
- The consequences of the treatment you received
Devonshires Claims will act on a ‘No Win No Fee’ basis if we feel that you have grounds for a case.
Our ‘No Win No Fee’ agreement
Under our ‘No Win No Fee’ agreement you will not be charged any fees if your claim is not successful*. Also known as a “Conditional Fee Agreement”, a “No Win No Fee Agreement” allows you to begin your compensation claim without worrying about upfront legal costs*. For more information on our ‘No Win No Fee’ agreement please click here.
An insurance policy known as “After the Event” (ATE) will be taken out to cover the costs of the defendant’s legal fees and other disbursements if you are not successful.
If your compensation claim is successful, you will pay your solicitor a percentage of the compensation recovered – which is capped at a maximum of 25% of past loss and general damages**.
You can rest assured that Devonshires Claims works hard to secure the maximum compensation for you.
Our medical negligence experts aim to make the claims process as easy and stress free as possible for you and will guide you through each stage of the process. We will fully investigate your case and support you in obtaining justice and compensation for the negligent treatment you experienced.
In order to determine the extent of your injury and the consequences on your physical and mental health, we will:
- Consult with our network of medical experts and arrange for you to have an independent assessment
- Collect evidence such as medical reports, witness statements.
A & E compensation payments will be determined by:
- The severity of your injury
- Your current and future care and treatment requirements including surgery, aids and equipment, physiotherapy etc.
- Loss of earnings, reduced earning capacity, loss of promotion prospects, loss of pension.
There are two types of compensation – General Damages and Special Damages.
General Damages are intended to provide compensation in recognition of your pain and suffering.
Special Damages are usually financial in nature and cover past and future costs incurred / to be incurred – eg they may cover travel and medical expenses, medication , private medical treatment as well as any future care and treatment requirements, lost wages and loss of future earnings and promotion prospects.
Adults must make a medical negligence compensation claim within three years from the date of the incident or within three years from the date of knowledge that the injury or illness is a result of medical negligence.
Children have until their 21st birthday in which to make a compensation claim, however, we recommend that any potential claim is started as soon as possible to preserve evidence and avoid missing any deadlines.
A child or adult without capacity to run a claim, may not have a time limit within which to bring a claim. We recommend that you contact Devonshires Claims if you have any queries involving those who lack capacity and our specialist solicitors will be able to assist.
Claims made on behalf of a deceased persons
Negligence claims for fatal accidents must be made within three years from the date of death.
Most medical negligence compensation claims are settled out of court.
However if your claim does proceed to court, you can feel confident that your Devonshires Claims’ experts will support you and guide you through the process.
Why Choose Devonshires Claims to support your A & E claim?
Our A& E compensation claims service provides:
- A free no-obligation case evaluation
- Advice on the probability of success for an A & E claim and the amount of compensation you could potentially obtain
- Friendly, compassionate and experienced claims experts
- A No Win No Fee agreement i.e. you will not incur any costs if your claim is not successful*.
- Access to a network of medical experts and specialist barristers
Our experts work hard to secure victims of medical negligence the justice and compensation they deserve.