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  • Overview

    When can you make a compensation claim for A&E negligence or error?

    A&E is one of the hospital departments that gives rise to the greatest number of errors and clinical negligence compensation claims. Bringing a medical negligence claim can be stressful but remember that, while A&E staff often work under great pressure, you should still expect them to be expert in recognising symptoms and making the right decisions about ongoing investigations or care.

    A&E compensation claims can be complex and often occur following:

    • Inadequate investigation of injuries (e.g. failure to x-ray)
    • A delay in diagnosis (e.g. discharging you without a diagnosis)
    • Failure to diagnose an injury or condition correctly (e.g. misinterpretation of scans).
       

    You can also bring an A&E claim on behalf of a child.

    How our clinical negligence solicitors can help with an A&E compensation claim

    • The size of our clinical negligence team and the breadth of our knowledge means we are likely to have already succeeded in recovering compensation for an A&E clinical negligence claim that is similar in nature to yours
    • Our overriding aim is to protect your interests and achieve the most advantageous outcome for the long term
    • We make sure your case is fully investigated and create a team of specialists made up of:
      • practising medical consultants
      • barristers known for their work in A&E clinical negligence
      • clinical negligence lawyers with experience in A&E claims.
    • We aim to make the process as easy as possible and guide you through each stage of the investigation
    • We can help you find out why the A&E system failed you and ensure that the same thing doesn’t happen to somebody else
    • Our lawyers are specialists in medical negligence cases and our clinical negligence team is one of the most established, teams in the country
    • We are high ranked by two of the most prestigious, independent guides to the legal profession 'Chambers and Partners' and 'The Legal 500'.
       

    Free initial consultation

    Contact one of our team of specialist lawyers for a free, no obligation, consultation and we will listen to the circumstances of your medical treatment, and give you clear advice on the chances of your receiving compensation in a clinical negligence claim. If we think you have a claim, we can investigate your case using the financial security of a no win no fee arrangement.

    Call us on 01892 510000 or fill in our short enquiry form and we will assess your A&E compensation claim.

     

     

  • Related Client Stories

    Hospital misdiagnoses fractured ankle

    Our client, Mrs D, suffered an injury to her ankle after a fall. The A&E department at Tunbridge Wells Hospital failed to recognise a fracture and misdiagnosed the injury as a dislocation, causing additional pain and suffering for Mrs D. Dominique Parker, specialist clinical negligence lawyer at Thomson Snell & Passmore was able to secure a £1,500 out of court settlement for Mrs D.

    Negligent post operative care causes ankle damage

    Our client, Miss S received negligent post operative care following ankle surgery, which lead to various wound complications. As a result, Miss S had a further 3 surgical procedures which she otherwise would not have had and suffered with numerous symptoms while her ankle slowly recovered.

    South East Coast Ambulance Service

    Over the weekend, The Daily Telegraph reported that South East Coast Ambulance Service is under investigation following a scandal which saw ambulances deliberately delayed due to its internal policy of downgrading all 111 calls.  The deaths of 25 patients are now being investigated. 

    Index finger amputated following negligent treatment

    Jonathan Herbert, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured £33,000 for a client who ended up having an index finger amputated following a failure to prescribe antibiotics in accordance with the hospital’s own guidelines combined with failures to diagnose infection.

    Undiagnosed testicular torsion leads to testicle removal

    James Cahan, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured £13,750 for a school boy who underwent an urgent orchiectomy (removal of testicle) and subsequent prosthesis insertion due to undiagnosed testicular torsion following his attendance at A&E, Eastbourne District General Hospital 3 weeks previously.

    5 month old baby suffers extravasation injury to hand

    James Cahan, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured £20,000 for a child who suffered necrosis of the tissue on the back his hand, requiring plastic surgery, after an extravasation injury.

    Failure to drain haematoma from breast causes necrosis

    Jennifer Waight, specialist clinical negeligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured £15,000 for a woman who developed necrosis of the breast following a mastopexy surgery.

    Delay in diagnosing brain tumour (meningioma)

    Patricia Fearnley, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) Offices, has secured £600,000 for a man who suffered a negligent delay in diagnosing a meningioma (a benign brain tumour) which left him incapacitated by headaches, hormonal problems, extreme lethargy and depression.

    Hypoxic brain damage after delayed caesarean section

    Patricia Fearnley, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured over £4 million for a child who suffered a hypoxic brain injury after being starved of oxygen during a delay in performing a caesarean section.

    Failure to diagnose fracture leads to knee replacement

    Jennifer Waight, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured £10,000 compensation for a women who required a total knee replacement after the fracture to her tibia, which had been undiagnosed, displaced.

    Epidural needle causes paraplegia and spinal damage

    Fiona Mills, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) Offices, has secured £350,000 for a claimant who suffered paraplegia and had to re-learn to walk after an anaesthetist damaged his spine with an epidural needle.

    Award for failure to act swiftly during stroke

    Jonathan Herbert, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) Offices, has secured an undisclosed six figure sum for a patient after the hospital failed to act properly in the early stages of a stroke.

    Delayed diagnosis of diabetic ketoacidosis causes death

    Fiona Mills, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) Offices, has secured over £340,000 for the family of a women who died following a delay in the diagnosis of diabetic ketoacidosis and cerebral oedema.

    Damages recovered following delay in diagnosis of lung cancer

    The clinical negligence team demonstrated their expertise when they recently recovered damages for a gentleman who suffered a delay in treatment of lung cancer following a hospital failing to follow up a suspicious chest ray. The case settled for an undisclosed award plus legal costs.

    Compensation recovered following a failure to diagnose a broken leg

    The clinical negligence team demonstrated their expertise when they recently recovered compensation for a lady who required a knee replacement operation following a failure to diagnose a broken leg after being admitted to the accident and emergency department of Worthing Hospital. The case settled for an undisclosed award plus legal costs.

    Compensation recovered for the oldest ever patient to sue to the NHS

    The clinical negligence team demonstrated their expertise when they recently recovered damages for the oldest ever patient to sue to the NHS; a lady who suffered a variety of complications following a failure by a hospital A&E department to assess her properly or to advise her residential home properly prior to discharging her back to her residential home with a fractured pubic ramus after a fall. 

    Out of hours GP’s failure to refer patient to hospital leads to death

    We have recovered £14,000 for the widower of a patient who died after an out of hours GP failed to appreciate that her significant medical history and immunosuppressant medication left her vulnerable when fighting an infection.

    Medical negligence & kidney damage, renal damage and a kidney transplant

    Peter Cooper won an undisclosed seven figure sum for permanent damage to his kidneys, which eventually led to a transplant.

    Compensation for loss of wife following failure to diagnose and treat fractured ribs

    The clinical negligence team demonstrated their expertise when they recently recovered damages for the surviving husband of a lady who died after cardiac arrest following the development of a haemothorax due to fractured ribs. The case settled for an undisclosed award plus legal costs.

    Patient recovered £565,000 when hospital delayed diagnosis of a heart condition causing heart attack

    The clinical negligence team demonstrated their expertise when they recently recovered a substantial sum and a formal apology for a patient who suffered permanent damage to her heart as a result of a hospital’s failure to diagnose acute coronary syndrome and later myocardial infarction and provide treatment with anticoagulants.

    Compensation for malaria medication overdose causing Post Traumatic Stress Disorder

    The clinical negligence team demonstrated their expertise when they recently recovered damages for a patient who suffered post traumatic stress disorder after receiving a malaria medication overdose due to a prescription error. The case settled for a six-figure award plus legal costs.

    Damages recovered following a delayed diagnosis of a fractured neck

    This case study of J v Epsom and St Helier NHS Trust [2011] demonstrates the expertise of our Clinical Negligence team who recently recovered an undisclosed sum for a lady who suffered extended pain and suffering and anxiety as a result of a failure to diagnose a fractured neck.

    Damages recovered following a delayed diagnosis of a knee injury

    This case study of C v Maidstone & Tunbridge Wells NHS Trust [2011] demonstrates the expertise of our Clinical Negligence team who recently recovered an undisclosed sum for a young patient who suffered extended pain and suffering as a result of a failure to diagnose a displaced sleeve avulsion fracture of his inferior patella pole.

    Compensation obtained for leg injury caused by nurse

    This case study demonstrates the expertise of our Clinical Negligence team who recovered £7,500 in compensation for an elderly lady who suffered injury as a result of a nurse stepping on her leg with the heel of her shoe.

    Accident and emergency department fails to diagnose severed hand tendon

    This case study demonstrates the expertise of our Clinical Negligence team who successfully settled a case involving a failure to diagnose rupture of the deep flexor tendons of the right little and ring fingers, obtaining £27,500 compensation.

    Damages recovered following a failure to treat a broken leg properly

    This case study demonstrates the expertise of our Clinical Negligence team who recently recovered £275,000 for a patient who suffered permanent injury as a result of a negligently performed intra-medullary nailing of the right tibia.

    Compensation following a failing to communicate

    This case study demonstrates the expertise of our Clinical Negligence team. In this pair of connected cases, the team recovered £22,500 for the Estate of a deceased cancer patient and £7,000 and £8,000 respectively her husband and daughter as secondary victims.

    Compensation recovered for failure to diagnose diseased retina

    This case study demonstrates the expertise of our Clinical Negligence team who recently recovered an undisclosed sum for a gentleman who suffered a complication after cataract surgery at Pembury Hospital.

    Compensation recovered for negligent treatment of ectopic pregnancy

    This case study demonstrates the expertise of our Clinical Negligence team who recently recovered £112,500 for a client who suffered a psychological injury following an unsuccessful operation to remove an ectopic pregnancy (which can be fatal if not treated). So severe was the pain that our client believed she was indeed going to die.

    Damages recovered following a failure to diagnose and treat infection

    This case study demonstrates the expertise of our Clinical Negligence team who recently recovered £26,000 for a young man who suffered injury to his knee after a failure to manage an infection.

    Kent hospital fails to prevent elderly lady's pressure ulcers leading to a painful death

    This case study demonstrates the expertise of our Clinical Negligence team who represented the family of an elderly Kent lady at the inquest into her death caused by pressure ulcers.

    Hospital's failure to treat brain aneurysm causes barrister's death

    This case study demonstrates the expertise of our Clinical Negligence team who recently settled the claim of a widow whose barrister husband died following his transfer from Kent to a London hospital with a suspected brain aneurysm.

    Hospital negligence leads to death of wife and mother from asthma attack

    This case study demonstrates the expertise of our Clinical Negligence team who acted for the husband and sons of a 45 year old woman who died within a few days of her admission to a Surrey hospital as a result of her first ever asthma attack.

    A hospital's failure to diagnose retinal tears led to the loss of a patient's eye

    This case study demonstrates the expertise of our Clinical Negligence team who successfully settled a case involving the loss of a patient's eye securing compensation totalling £136,500.00.

    A patient's dislocated elbow is left undiagnosed for nine weeks

    This case study demonstrates the expertise of our Clinical Negligence team who recently worked with a client suffering from a significant elbow dislocation which was not spotted despite several consultations with an orthopaedic specialist as well as weekly physiotherapy sessions which were unsurprisingly extremely painful.

    Compensation recovered for delayed diagnosis of Achilles tendon injury

    This case study demonstrates the expertise of our Clinical Negligence team who recovered £15,000 for a lady who suffered avoidable pain and suffering following a failure to diagnose and treat a partially ruptured Achilles tendon.

    Leukaemia patient dies after delay in administering intravenous antibiotics

    This case study demonstrates the expertise of our Clinical Negligence team who have recently acted for the widow of a patient who passed away following delays by South East Coast Ambulance Service in getting him to A&E and Maidstone Hospital in administering intravenous antibiotics.

    Damages recovered for delayed diagnosis of severe spinal fracture

    This recent case, in which we recovered £350,000 for our client, shows that it is not always easy for a claimant to prove that a breach of duty led to an adverse outcome.

    Damages recovered following adverse outcome to spinal surgery

    This case study demonstrates the expertise of our Clinical Negligence team who recently recovered £145,000 for a client who suffered frequent falls, pain and depression as a result of an inappropriate surgical procedure, leaving him with significant care and equipment needs.

    Undiagnosed torsion of the testicle

    This case study demonstrates the expertise of our Clinical Negligence team who recently acted for a man suffering from a torsion of the testicle. He was misdiagnosed during three separate hospital attendances despite the GP repeatedly diagnosing the condition correctly.

    Negligence by out of hours GP

    Over the last 18 months numerous cases have been reported in the media where problems have arisen due to treatment by out of hours GPs. This case study demonstrates the expertise of our Clinical Negligence team who recently recovered £1.9 million for a man given a three-fold overdose of diamorphine by an out of hours GP.

    Patient disbelieved

    This case study demonstrates the expertise of our Clinical Negligence team who recently recovered £9,000 for a patient who received abusive comments from hospital staff who believed that she was fabricating her symptoms.

  • Latest Updates

    Is your NHS complaint response worth the paper it is written on?

    Jessica Hanrahan, a Paralegal in our Clinical Negligence and Personal Injury team shares her views on the news that the NHS Complaints Service has been found it to be most inadequate following a review by the Health Service Ombudsman. 

  • Know How

Get in touch

Tom was really helpful he explained very clearly and what would happen. Thank you

Client

Thomson Snell & Passmore's 'consistently professional and accessible' team is led by Fiona Mills. Graham Bell is noted for his 'excellent eye for detail'

The Legal 500 2014

In a meeting with Patricia Fearnley I was struck by her immediate understanding of the situation, and also by her warmth and sympathy, which reassured me that I had made the right choice of solicitors to deal with our case

Client

I have used various departments of TS&P and have ALWAYS been VERY happy with all advice correspondence, help and professionalism that I have received

Client

I always feel listened to and have been treated very well

Client

Very professional, removed the pressure from a stressful situation and allowed me to concentrate on my recovery.

Client

Thank you for providing an excellent service, which due to you was stress free for me!  I am more than happy with the amount and am now, more importantly, able to move on putting this behind me.

Client

 The best people outside London.

We will always be grateful for the way in which you so competently handled our claim and we would most certainly pass your name to anyone we know in need of comparable help.

Client

An 'exceptionally capable' team.

The legal 500 2013

The team is very thorough and meticulous.

Chambers UK 2014

The team dealt with a difficult situation. It was good with getting the right experts involved with our case. - Chambers UK 2014

Chambers UK 2014

The firm's level of service is nothing short of phenomenal.

Chambers UK 2014

We would like to thank you for the thorough, efficient hard work you have done on Chris’s behalf. You have informed us of every stage of development as it has happened and we are very grateful for that.

Client

We received sound and clearly explained advice, together with a response that was both sympathetic and professional. We have been kept regularly informed of progress and you have always responded promptly to any queries that we’ve risen in a constructive and helpful manner.

Client

Many thanks for all your support and hard work through a torrid 2 ½ years. We both appreciate it could have ended very differently without your dedication and attention to detail.

Client

I thank you so much for your excellent service and will recommend you strongly to anyone needing help.

Client

Overall a very good and responsive service - I wasn't anticipating this. The process of claiming under this area of law is more complicated than I thought it would be but it was translated very efficiently to me.

Client

You have helped make a difficult situation bearable.

Client

Jenny was very good at thinking of all the options and sought good experts in supporting my case; I was pleased with the outcome

Client

I would like to express my extreme gratitude to you for all your hard work.  

Client

Any time I needed to ask a question or needed any explanation about the case, James Cahan was there at the end of the phone. He answers his own phone so I felt as though I was getting a very personal service. I was never made to feel uncomfortable or a nuisance as I had felt with an earlier solicitor. Communication was excellent throughout, using emails, telephone and letters.  

Client

My case was earlier rejected by another firm of solicitors yet Mr Cahan could see that there was a case to answer. With the expert medical witnesses which he sourced, good communication and sound advice, I felt very confident in his hands that we would get a successful outcome.

Client

Very nice people. Really made the case a lot easier to understand; they were always there to help.

Client

James Cahan's approach was exemplary, he was both approachable and understanding at all times.  

Client

As mentioned, I was very impressed at the start! As the case grew and went on, I felt completely safe, and trusted Jonathan to act in my best interests, though everything was always run by me before going ahead with anything, without the experience and knowledge.

Client

They worked as hard as possible to get me a result that I did not think I would end up with. The communication with my lawyer and his staff was excellent, and I felt at ease discussing such private matters with my lawyer, which is a rarity for me as I am a very private person.

Client

My lawyer was very friendly and easy to talk to, and I always felt he was working his hardest on my case.

Client

Oliver was very helpful and friendly, and settled the case within a short space of time.

Client

Kept me up to date with all stages of the claim. Fees were good, and Oliver was a very helpful and friendly.

Client

I would like to thank Jenny and her team for all their hard work and efforts during what has been a very traumatic 3 years.  Throughout this period, Jenny has been on hand with reassurance and advice.  At the same time, she assembled an excellent team of experts, which enabled me to reach a successful conclusion.

Client

I cannot thank Jenny and her team enough and I wouldn't hesitate to recommend TS&P, Debbie, Jenny and Patricia highly enough. Many thanks again for your professional conduct throughout.

Client

I am so grateful to TS&P for all their work and help with my mother's case; it was a very complicated and time-consuming case.

Client

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