A&E negligence claims

Accident and Emergency departments are there for your most urgent moments. But when mistakes happen, the consequences can be serious and long-lasting. If you’ve suffered avoidable harm in A&E, our specialist team will help you make a claim.

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Author

Alison Flaherty

Director of Clinical Negligence

Last Updated

17th July 2026

Can I make an A and E claim?

A&E claims can take many forms. Common examples include misdiagnosis or failure to diagnose a serious condition, delays in treatment, or being discharged too soon without proper checks. Experiencing this kind of failure at your most vulnerable moment can have a lasting impact on your health and your day-to-day life.

A&E departments are high-pressure environments where medical staff work quickly to assess and treat people in urgent need. Most patients receive safe and timely care, but mistakes can happen. When these mistakes result from negligence, the consequences can be serious.

In most A&E claims, you have three years from the date of negligence – or from when you first became aware of it, to make a claim. If you’re not sure whether you’re eligible, or if some time has passed, it’s worth getting in touch, as there are some exceptions to the three-year limit. We’ll give you clear, honest advice about whether you have a valid case.

Example of an A&E claim

A patient attends A&E with chest pain and is triaged and discharged without further investigation. Crucial opportunities to escalate the patient are missed, and hours later, they suffer a serious cardiac event that a proper assessment would have identified. The delay in diagnosis and treatment causes lasting damage that could have been avoided. This is the kind of situation where an A&E negligence claim may be possible.

Common A&E claims we support

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What compensation can help with

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Recovering lost income and covering future care.

Compensation for an A&E claim isn’t simply about acknowledging what went wrong. It’s about making sure you have the financial support to access the care and rehabilitation you need, and to rebuild your life as fully as possible.

A successful A&E compensation claim can help fund:

Loss of past and future earnings, and pension contributions
Private rehabilitation, physiotherapy or therapy costs
Medication, specialist equipment or mobility aids
Travel to and from medical appointments
Paid care or support at home
Psychological support and counselling
Ongoing treatment costs related to the avoidable harm

Understanding the potential value

We recovered compensation for Darren, who visited A&E a number of times before eventually suffering an avoidable amputation. The compensation allowed him to make adaptations to his home and help secure his future, following an avoidable leg amputation. Thanks to the settlement, Darren also has an adapted car, which has helped him regain independence. The value of an A&E claim depends on the severity of your injury, how it affects your day-to-day life, and the level of care needed in the future. In the most serious claims involving amputation, brain injury, or spinal injury, compensation can reach seven-figure sums.

Understanding interim payments

In serious A&E claims, waiting for a final settlement can put a strain on your finances. Especially if you’re unable to work or need care and treatment in the meantime. Where possible, we can secure interim payments on your behalf. Interim payments are advance payments made before your claim is settled. They can help cover things like private treatment, rehabilitation or support at home. You shouldn’t have to wait until the end of your claim to get the support you need.

Specialist A&E negligence solicitors

Our team brings over 40 years of medical negligence experience to every case.

Why choose Fletchers for your A&E claim?

A&E compensation claims can have serious consequences, and the cases themselves can be complex in nature. A&E negligence happens when mistakes are made that could have been avoided. This may involve misdiagnosis, delayed treatment, poor communication, or being discharged too soon without proper checks. It's important to have a specialist team on your side that can guide you through the process. Our team have handled some really challenging A&E claims, and have settled successfully for the people we support.

Expertise you can rely on

Specialist medical negligence solicitors with over 30 years of experience in complex clinical negligence claims
Ranked by Legal 500 and Chambers UK as a leading firm in clinical negligence law
In-house rehabilitation team, working with leading clinicians from the start of your claim
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No Win No Fee, so you can pursue your claim without financial risk

You're not alone

We understand what you're going through.

When something goes wrong in A&E, the consequences can be serious. A missed diagnosis or delay in treatment can lead to a worsening of your condition, avoidable pain, or the need for more invasive or extended care.

Beyond the physical impact, many people experience emotional distress. This can include anxiety, loss of trust in healthcare, or even PTSD in severe cases. Negligent care can also affect your ability to work, move around, or manage day-to-day tasks, especially if your condition leads to long-term disability.

We understand the practical impact of A&E negligence too. A missed diagnosis or delayed treatment can mean a longer recovery, the need for more invasive care, or a permanent change to your health or independence. This can affect your ability to work and can add financial pressures, when you should be focused on recovery.

We’ve supported many clients in this position, including people who were uncertain about whether they had a claim.

People who were exhausted and worried, and who simply needed someone to listen and take the hard work off their hands. Whatever your situation, you don’t need to have all the answers before getting in touch. We’ll listen carefully, explain your options, and only move your case forward if we genuinely believe it has merit.

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FAQs about A&E claims

How long does an A&E compensation claim take?

The length of time varies depending on the complexity of your case, the extent of your injuries, and whether the other party admits liability. Straightforward cases may settle in one to two years; more complex cases – particularly those involving serious or long-term harm – can take longer. We will give you a realistic picture of likely timescales at the outset, and keep you updated throughout.

What evidence do I need for an A&E claim?

Strong evidence is important, but you don’t need to gather it yourself. If we take on your case, our team will request and review everything needed on your behalf. This typically includes:

Your A&E records, hospital notes and GP files
Discharge summaries, test results and treatment details
Independent expert medical reports assessing the standard of care and its impact
Your own account of your symptoms, recovery and day-to-day impact
Witness statements from family members or others who saw what happened or how you were affected
Evidence of financial loss, such as payslips, medical bills or receipts

You don’t need to have all of this in place before speaking to us. We’ll handle the paperwork and chase the documents so you don’t have to.

What support is offered during my A&E claim?

From your first call, our specialist team will guide you through every stage of the process. We’ll explain what is happening and what comes next in clear, straightforward terms. Where appropriate, we can also help you access rehabilitation or other support during the claims process – you shouldn’t have to wait until the end of your case to get the help you need.

Can I claim if my symptoms were minor at the time but worsened later?

Yes. What matters is whether the care you received in A&E fell below the expected standard and contributed to your condition worsening – not how serious your symptoms appeared at the time. Many cases involve injuries or illnesses that were not properly identified at first, leading to delays that caused avoidable harm. If that has happened to you, our team can help assess whether you may have a valid claim, even if the impact of the negligence only became clear later.

Can I claim compensation if the negligence was partially my fault?

In most A&E negligence cases, the question of shared fault is less common than in personal injury claims – but it can arise. If there is an element of contributory negligence (meaning you were partly responsible for the harm), this may reduce the overall compensation figure rather than prevent a claim entirely. We’ll advise you honestly on how this might affect your case.

Can I still claim against the NHS?

Yes. If you received negligent care in an NHS A&E department, you can bring a claim against the NHS Trust responsible. NHS Trusts have a legal duty to provide a safe standard of care, and compensation claims are handled through a national body called NHS Resolution. Making a claim is not about blaming individual members of staff – it is about seeking accountability and the support you need when avoidable harm has been caused.

Will I have to go to court?

Most A&E compensation claims are resolved without going to court. If the NHS or other provider admits fault or agrees to a fair settlement, the case can usually be concluded through negotiation. If court proceedings are needed, we’ll handle everything on your behalf and support you throughout the process. In the majority of cases, a court hearing isn’t required.

Can I make a claim for a relative who passed away?

Yes. If a relative died as a result of negligent A&E care, a claim can be brought by their estate or certain dependents, depending on the circumstances. We handle these cases with great sensitivity and can advise you on your options. Find more information on our wrongful death claims.