Clinical Negligence and the Crisis in A&E

Helen Wilkinson

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Various media reports have recently been reporting the crisis in Accident & Emergency Departments (A&E), throughout the country and the impact the delays are having on patients having to wait for treatment.

Age UK’s recent report paints a harrowing picture of the current state of emergency care in England. With over 1.7 million patients experiencing 12-hour waits in major hospitals during 2024–25, the issue is no longer an anomaly, it’s a systemic failure. Most alarmingly, two-thirds of these delays affected people over 60, raising serious concerns about the standard of care provided to some of the most vulnerable members of our society.

Clinical negligence

Clinical negligence occurs when a patient suffers harm due to substandard care. Prolonged A&E waits may give rise to claims for delayed diagnosis or treatment leading to worsened outcomes.

Nelsons have an experienced clinical negligence team investigating claims on behalf of patients who have suffered injury due to delays in receiving timely diagnosis and treatment in accident and emergency settings. Misdiagnosis can often arise in accident and emergency, with patients being sent home and later suffering readmission due to further injury. Conditions leading to serious injury may include:

  • Sepsis
  • Delays in diagnosis and timely treatment for blood clots, such as pulmonary embolism
  • Stroke
  • Vascular concerns/lower limb ischaemia
  • Spinal cord injury
  • Meningitis

What can patients and families do?

If you or a loved one has suffered an injury due to delays in accident and emergency departments, consider:

  • Seeking legal advice to explore potential claims. Nelsons are highly experienced in offering such advice.
  • It can often help to document the experience: times, locations, staff interactions and requesting medical records.

Comment

At its core, clinical negligence law is about accountability and justice. Too many people are not receiving the necessary treatment, within the relevant timescales resulting in delayed diagnosis and negligent treatment.

How can we help?Maternity Safety Funding

Helen Wilkinson is a Paralegal in our expert Medical Negligence team, which has been ranked in tier one by the independently researched publication, The Legal 500.

Nelsons have an experienced clinical negligence team who have significant experience in representing clients with claims arising from delays in the Emergency Department. If you have any questions in relation to the subjects discussed in this article, then please get in touch with Helen or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.

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