A&E Negligence
Accident and emergency negligence can involve mistreatment of fractures and breaks, negligent stitching, cleaning and dressing of wounds, insufficient examination, misdiagnosis or delayed treatment.
Hospital Negligence Claims
Hospitals are supposed to be a safe space for treatment. If your treatment falls short, we’re here to help you get answers and the compensation you deserve.
Find the right help for your negligence claim
No matter how hospital negligence occurs, our award-winning experts have the knowledge to help you claim. We have helped thousands of clients in cases involving:Why choose Irwin Mitchell?
When hospital care falls short, we stand beside you.
For decades, we’ve led the way when it comes to supporting hospital negligence claims even in distressing and catastrophic cases.
We’ve claimed more in damages for our clients than any other law firm in the UK. But we know you need more than compensation – you need answers and explanations, and we can help you get that accountability.
We will support you with wraparound support, rehabilitation and welfare benefits, and partnerships with trusted, local charities.
Our team are ranked as a Tier 1 team by the independent legal guide, Legal 500. Of our team, they said we have a:
“Large, dedicated team who have a great track record in securing excellent results for their clients.”
We’re here to help you move forward.
How is hospital negligence determined?
Hospital negligence is determined by proving that a healthcare professional or facility failed to provide an acceptable standard of care, resulting in direct, avoidable harm to you or a loved one.
Your legal representation will need to prove:
- Duty of care - legal and ethical obligation by medical professionals to act reasonably and avoid causing harm
- Breach of duty - legal failure to meet required standard care
- Causation - link between hospital professionals actions/conduct and yours or a loved one's injuries.
What do I need to make a negligence claim against a hospital?
To make a successful hospital negligence claim, you and your legal support must provide evidence that shows there was a breach of duty in your care. It must also show causation from the hospital in question.
Our experts will help you collect the relevant evidence. This can include:
- Witness statements - from family members or hospital staff
- Independent medical expert opinion - we work with a wide range of medical experts who can examine your care and future needs
- Medical reports - we will examine your medical records to find any issues with the care you received.
Helping Stephen secure compensation following surgery negligence
Dan suffered three heart attacks in 2002, 2005 and 2016. In 2010 he was diagnosed with ischaemic heart disease and after his most recent heart attack in 2016, he was told he would need a heart transplant. In 2018, he finally got the call to say a viable heart had been found.
Unfortunately, following the transplant, a complication had gone undetected and restricted the blood flow to his legs during a surgery. This resulted in a below-the-knee amputation of his right leg and a nerve injury, leaving him unable to work and needing care and assistance and specially adapted equipment to help him with daily life.
“Irwin Mitchell were really clear on the steps that would be taken, so I felt quite confident in my case” Dan said.
Can I make a claim against a hospital?
If you believe you received substandard medical care while in the hospital, you could be eligible to make a compensation claim.
Some of the most common incidents that constitute medical negligence in a hospital include failure to:
- Correctly diagnose an illness or injury
- Examine the patient properly
- Refer the patient for the right tests
- Identify infection or illness after surgery
- Treat the patient on time.
If you believe you can have a hospital negligence claim, these are the steps you need to follow:
- Contact a legal expert - phone us or fill out our contact form, and we will be in contact to find out more information
- Gather evidence - if we believe you have a claim, we will start by gathering evidence to build your case
- Submit your claim - once we've got all the evidence we feel is necessary, we will submit your claim to the hospital trust
- Settle your claim - if the other party admit liability, we will settle your claim for an amount that fairly reflects the injuries you've sustained. If liability is contested, we might need to gather further evidence and potentially take your claim to court to prove liability and settle your claim.
What is the time limit for making a hospital negligence claim?
There’s a three-year time limit to make a compensation claim for hospital negligence. This begins on the date you received negligent medical care in the hospital.
If you didn’t learn until later that your illness or injury was caused by medical negligence, the three-year limit starts from the date you found out.
There are some exceptions to the three-year rule:
- Claims on behalf of a child - if you or your child experienced hospital negligence under the age of 18, the three-year limit doesn't start until you or they turn 18.
- Claim on behalf of someone who lacks mental capacity - if your loved one lacks the mental capacity to make their own claim, there are no time limits to making a claim.
- Fatal claims - If your loved one died because of hospital negligence, you have three years from the date they died or the date you became aware the negligence caused their death.
If the deadline for you to make a claim has passed, you can apply to the courts for it to be extended. To do this, the court will need certain criteria to be met. Our experts have a proven track record of helping people get their deadline to claim extended.
Meet the specialist from our team
We are the largest medical negligence team in the UK. Find out about our partners, our clients and our specialist knowledge.
Speak to a specialist
We are here to listen and guide you through your next steps. Complete our enquiry form and one of our experts will contact you by the next working day.
Alternatively, you can call us now.
Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).
0800 1216 567
Our locations
With offices all over the country, you can help you wherever you are. Whether you would rather meet in person, talk from home, or see us in hospital, we’ll be there.
Irwin Mitchell Scotland
Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.
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