A&E negligence occurs when an accident and emergency department fails to diagnose a serious condition, discharges a patient who should have been admitted, or provides treatment below the required emergency-medicine standard — and that failure causes harm. Pressure on emergency departments does not reduce the standard of care owed to patients. Missed strokes, missed heart attacks, meningitis discharged as migraine, and wrongful discharge of patients who should have been admitted are the most common bases of A&E negligence claims.
What are the most common A&E negligence claims?
Missed stroke in A&E
Stroke is a time-critical emergency. Every A&E department must apply the FAST assessment to patients presenting with neurological symptoms. Failure to identify a stroke and transfer to the hyperacute stroke unit within the treatment window causes permanent brain damage that earlier treatment would have prevented. See stroke misdiagnosis claims.
Missed heart attack
A 12-lead ECG must be performed within 10 minutes of arrival for any patient with chest pain. Failure to perform or correctly interpret an ECG, or failure to activate the cardiac catheterisation laboratory for a confirmed STEMI, can cause preventable heart muscle death. See heart attack misdiagnosis.
Meningitis sent home from A&E
A patient with headache, photophobia, neck stiffness, and fever presenting to A&E has the classic triad of bacterial meningitis. Failure to perform a lumbar puncture or to administer empirical antibiotics pending results — and discharge of the patient — can cause brain damage, deafness, limb amputation from septicaemia, or death. See meningitis misdiagnosis.
Missed fracture
Fractures on X-ray that are missed or misread, or fractures not adequately investigated when the clinical picture points to one. See misdiagnosed fracture.
Compartment syndrome missed in A&E
A limb injury presenting with severe pain out of proportion to injury, paresthesia, pallor, and pain on passive stretch must be assessed urgently for compartment syndrome. Delayed fasciotomy causes permanent muscle and nerve damage. See compartment syndrome.
Ectopic pregnancy sent home from A&E
A woman of reproductive age presenting with abdominal pain and vaginal bleeding should be investigated for ectopic pregnancy with a pregnancy test and ultrasound. Failure to do so, and discharge of a patient with an ectopic pregnancy, can be fatal. See ectopic pregnancy misdiagnosis.
Sepsis not recognised in A&E
The Sepsis Six protocol applies in A&E from the point of triage. Failure to screen for sepsis, or failure to commence treatment within one hour of identification, causes preventable deaths and permanent organ damage. See sepsis negligence.
Wrongful discharge
Discharge of a patient whose observations, blood results, or clinical presentation indicated they should have been admitted. The deterioration that follows, and the harm caused by the failure to admit, is the basis of the claim.
Delayed treatment causing deterioration
Where a patient is triaged at too low a priority and deteriorates in the waiting room, and that deterioration causes harm that prompt treatment would have prevented.
What standard of care applies in A&E?
A&E doctors and nurses are assessed against the standard of a reasonably competent clinician in the emergency medicine specialty — not a specialist in the specific condition being treated. An A&E doctor is not expected to have the diagnostic skill of a consultant cardiologist — but they are expected to identify that a patient with chest pain and ECG changes requires urgent cardiology assessment, and to act on it.
How much compensation can you claim for A&E negligence?
Compensation in A&E negligence claims depends entirely on the harm caused by the failure. A missed fracture causing a delayed repair may settle for £10,000–£30,000. A missed stroke causing permanent hemiplegia or a missed meningitis causing deafness and limb loss can result in settlements of hundreds of thousands of pounds. Fatal A&E negligence claims can reach over £1 million.
Frequently asked questions
Can I claim if I was sent home from A&E and got worse?
Yes — if the decision to discharge you fell below the required standard given your observations and clinical presentation, and your deterioration after discharge caused harm that admission would have prevented.
Can I claim if A&E missed a fracture on my X-ray?
Yes — if a competent emergency medicine doctor or radiologist would have identified the fracture on the imaging available.
Can I claim if A&E failed to recognise sepsis?
Yes — sepsis failure to recognise and treat in A&E is one of the most common and serious types of A&E negligence claim.
How long do I have to claim for A&E negligence?
Three years from the date of the A&E attendance — or from the date of knowledge if you did not know at the time that the A&E care was responsible for your harm.
People also ask
Can I claim if I was sent home from A&E and got worse?
Yes — if the decision to discharge you fell below the required standard given your clinical presentation, and your deterioration after discharge caused harm that admission would have prevented.
How do I make an A&E negligence claim?
Instruct a specialist medical negligence solicitor. They will obtain your A&E records, instruct an independent emergency medicine expert, and if the expert confirms negligence, send a Letter of Claim to the defendant NHS Trust.
What is the payout for A&E negligence?
It depends entirely on the harm caused. A missed fracture with good recovery may settle for £10,000–£30,000. A missed stroke or missed meningitis causing permanent disability can result in settlements of hundreds of thousands of pounds.
How do I make an A&E negligence claim?
Instruct a specialist medical negligence solicitor. They will obtain your A&E records, instruct an independent emergency medicine expert to review the care, and if the expert confirms the care fell below the required standard, send a Letter of Claim to the defendant NHS Trust. Most claims are funded no win no fee.
What is the average payout for A&E negligence?
There is no average — it depends entirely on the harm caused. A&E negligence claims range from £10,000 for a missed fracture with a good recovery to several million pounds for a missed stroke or missed meningitis causing permanent disability.
Can I complain to the hospital and still bring a negligence claim?
Yes — making an NHS complaint does not prevent you from bringing a negligence claim. However, take legal advice before engaging in the complaints process, as statements you make may be used later in the litigation.