A&E Negligence Claims — Compensation

Last reviewed: September 2026 · EA Personal Injury Solicitors

Emergency departments must properly triage, assess and treat patients, allowing for the demands of an emergency setting. If you were sent home, misdiagnosed or inadequately treated in A&E and suffered avoidable harm as a result, you may be able to claim on a no win, no fee basis; a success fee may be deducted if the claim succeeds.

TL;DR — Quick Summary

Key Points

A&E clinicians are judged against the standard of a reasonably competent emergency practitioner
Long waiting times alone do not establish negligence — failures in triage or monitoring can
Missed fractures, strokes, sepsis and internal bleeding are common claim types
Three-year limitation period from treatment or date of knowledge
No win, no fee — if the claim succeeds, a success fee may be deducted from your compensation

The Standard of Care in Emergency Medicine

Emergency departments are judged against the standard of a reasonably competent emergency clinician working under the pressures inherent to that setting — this is not the same as the standard expected of a specialist with unlimited time, but it still requires proper triage, a reasonable assessment of presenting symptoms, appropriate investigations where indicated, and safe discharge decisions. Where a clinician fails to meet that standard and a patient is harmed as a result, a clinical negligence claim may succeed.

Common Types of A&E Negligence

Missed fractures — X-rays misread or not requested despite a clinical indication
Missed stroke or TIA — failure to recognise or act on stroke symptoms within the critical treatment window
Missed sepsis — failure to identify signs of sepsis and initiate timely treatment
Missed internal bleeding after trauma — inadequate assessment following a fall, road traffic accident or assault
Incorrect triage — a patient assigned a lower priority than their presenting condition warranted
Premature or unsafe discharge — sent home without appropriate observation, safety-netting advice or follow-up, particularly after a head injury
Failure to monitor deteriorating patients — abnormal vital signs not acted upon while waiting to be seen
Missed testicular or ovarian torsion — time-critical conditions where delay causes avoidable loss of an organ

Establishing an A&E Negligence Claim

As with all clinical negligence claims, you must show both breach of duty — that the care fell below the standard of a reasonably competent emergency clinician in the same circumstances — and causation — that the failure caused harm that would have been avoided with proper care. Independent expert evidence from a consultant in emergency medicine, together with evidence from the relevant specialty affected (for example a radiologist for a missed fracture, or a vascular surgeon for missed limb ischaemia), is typically required.

Evidence in A&E Negligence Claims

Your A&E notes, triage record and discharge summary — obtained via a Subject Access Request
Imaging and test results from your visit, and any later imaging that shows what was missed
Records from any subsequent hospital admission or treatment
A timeline of your symptoms before, during and after the A&E visit
Independent expert reports on breach of duty and causation

No Win, No Fee A&E Negligence Claims

We act under a Conditional Fee Agreement, subject to an assessment of prospects. If the claim fails, you pay nothing. If the claim succeeds, a success fee may be deducted from your compensation. We will explain all costs clearly before you decide to proceed.

Frequently Asked Questions

What counts as A&E negligence?

A&E (accident and emergency) negligence occurs when the triage, assessment, investigation or treatment you received in an emergency department fell below the standard of a reasonably competent emergency clinician, and that failure caused avoidable harm. This can include being sent home without proper investigation, incorrect triage priority, or a failure to recognise a time-critical condition.

I was sent home from A&E and later collapsed — do I have a claim?

Possibly. If your symptoms at the time should reasonably have led to further investigation, admission or referral, and the failure to do so caused your condition to deteriorate avoidably, you may have a claim. We would need to review your presenting symptoms, the notes made at the time, and what happened after discharge.

Does long A&E waiting time itself amount to negligence?

Not on its own. A&E departments operate under significant pressure and delay alone does not establish negligence. However, if triage failed to identify that your condition was more urgent than assessed, or if a clinically significant deterioration during a wait was not picked up and acted on, that failure in monitoring or triage can be actionable.

What are common examples of A&E negligence claims?

Missed fractures on X-ray, failure to recognise stroke or heart attack symptoms, missed sepsis, failure to diagnose internal bleeding after trauma, discharge of patients with head injuries without appropriate observation or scanning, and failure to act on abnormal vital signs are among the most common.

How long do I have to bring an A&E negligence claim?

Three years from the date of the negligent treatment or from your date of knowledge — when you first knew, or ought reasonably to have known, that avoidable harm was caused by substandard emergency care.

Can I claim against the NHS for an A&E mistake?

Yes. Claims against NHS emergency departments are handled through NHS Resolution on behalf of the relevant NHS trust, following the same legal principles that apply to any other medical negligence claim.

Published by EA Personal Injury Solicitors

Edward and Amaury Limited · SRA No. 800525

Verify the firm and its regulated people on the SRA Register. General information only; this is not legal advice.