Do ambulance services owe a duty of care?
Yes. Since the Court of Appeal's decision in Kent v Griffiths [2001], it has been established that once a 999 call is accepted, the ambulance service owes a duty of care to the caller. The duty arises when the call is received and a response is dispatched — not from the moment the crew arrives. Failure to attend within a reasonable time, or a clinical failure once the crew arrives, can give rise to liability.
Common types of ambulance and paramedic negligence
Failure to recognise stroke or FAST criteria
Paramedics are trained to apply FAST. Failure to recognise a positive FAST screen, classify the patient as a stroke call, or transport to the nearest stroke centre can delay thrombolysis or thrombectomy.
Failure to recognise heart attack
Failure to perform and correctly interpret a 12-lead ECG at the scene, or to pre-alert the receiving hospital to activate the cardiac catheterisation laboratory for a STEMI, can delay PPCI and increase myocardial damage.
Failure to recognise sepsis
The Sepsis Six protocol applies in the pre-hospital setting. Failure to identify and treat sepsis at scene — including failure to administer oxygen and transport urgently — may give rise to a claim.
Incorrect spinal immobilisation decision
Failure to immobilise a patient with a potential cervical spine injury following trauma can cause secondary spinal cord injury during transport.
Medication error at scene
Administering the wrong drug, the wrong dose, or drugs to which the patient is known to be allergic is a potential basis for a claim against the ambulance service.
999 call handler triage errors
NHS 111 and 999 call handlers use structured triage systems (AMPDS). Where a call is categorised at too low a priority and the patient deteriorates as a direct result of a delayed response, a claim may arise.
Delayed response causing harm
Where an ambulance is dispatched and fails to arrive within the target response time for the category assigned — and that delay causes harm — a claim may be available, though causation is harder to establish here than in clinical error cases.
Failed resuscitation at scene
Where a cardiac arrest is not managed in accordance with Resuscitation Council guidelines, and the failure causes a worse outcome than proper management would have achieved.
Who is the defendant?
Claims against NHS ambulance services are brought against the relevant NHS Ambulance Trust — there are ten in England (e.g. London Ambulance Service NHS Trust, South East Coast Ambulance Service NHS Foundation Trust). Claims against private ambulance operators are brought against the operator.
What do you need to prove?
- Duty of care — established once the 999 call was accepted.
- Breach of duty — the paramedic's clinical assessment or treatment, or the call handler's triage decision, fell below the required standard.
- Causation — the failure caused harm that competent pre-hospital care would have prevented or reduced.
- Damage — physical injury, worsened outcome, or death.
Frequently asked questions
Can I claim if an ambulance took too long to arrive?
Possibly — but delay alone is not sufficient. You must show that the delay was caused by a breach of duty (for example, an incorrect triage category) and that the delay caused identifiable harm.
Can I claim for a paramedic's failure to diagnose my condition correctly?
Yes — if the paramedic's clinical assessment fell below the standard of a reasonably competent paramedic in that clinical situation, and the failure caused harm.
Can I claim against the 111 service as well as the ambulance service?
Yes, if the 111 call handler's triage decision was below the required standard and contributed to the harm. Claims can be brought against multiple defendants where more than one party's failure contributed.
Related guides
- Stroke misdiagnosis claims
- Heart attack misdiagnosis claims
- Sepsis negligence claims
- A&E negligence claims
Sources & further reading
Primary statute, case law and regulator guidance referenced in this article.
- Kent v Griffiths [2001] QB 36 — Case law
- Resuscitation Council UK — RC (UK)