A&E Negligence Claims: When Can You Claim?
Every year, millions of people turn to A&E when they need urgent medical help. Doctors, nurses and other NHS staff often work under intense pressure. In most cases, patients receive the care and treatment they need.
However, there are cases where patients do not receive the standard of care they should expect. A&E staff may send a patient home too soon, miss a serious condition or delay vital treatment.
A recent BBC News investigation found a rise in clinical negligence claims linked to A&E departments in England. Its review of NHS Resolution data found 1,623 A&E-related claims in 2025/26. This compares with 1,151 claims in 2020/21.
The BBC also reported on the case of a 32-year-old man. He suffered life-changing injuries after he attended A&E with severe headaches and dizziness. The NHS Trust involved later accepted a breach of duty because staff failed to carry out a CT scan.
Cases such as this show how poor A&E care can cause serious and avoidable harm.
However, a poor experience or long wait does not always mean that medical negligence has taken place. This guide explains A&E negligence claims and when poor emergency care may amount to negligence. It also explains what you can do if you have concerns about the care you received.
What Is A&E Negligence?
When you visit an accident and emergency department, you should receive a reasonable standard of care.
This does not mean that every illness or injury will be diagnosed straight away. It also does not mean that every treatment will be successful.
A&E negligence may happen when a patient receives care below an acceptable standard and suffers harm as a result.
For example, someone may have attended A&E with signs of a serious condition. If A&E staff fail to assess those symptoms properly and send the patient home, their condition could get worse.
If better care would have prevented that harm, there may be grounds for a negligence claim.
What Mistakes Can Happen in A&E?
Emergency medicine can be complex. Staff may need to assess and treat many different illnesses and injuries, often in a short space of time.
Not every mistake will lead to an A&E compensation claim. However, some mistakes in A&E can have serious consequences.
Examples may include:
A failure to diagnose an illness or injury.
Delays in carrying out tests or scans.
Delays in providing treatment.
Mistakes when reading test or scan results.
Sending a patient home when further care is needed.
Failing to notice that a patient's health is getting worse.
Medication errors.
Failing to refer a patient to a specialist.
A missed or delayed diagnosis can be particularly serious. Conditions such as sepsis, strokes and heart attacks often need urgent treatment.
If a patient has suffered avoidable harm because of a missed diagnosis or delayed treatment, they may have grounds to make a claim.
Can I Claim Because I Waited Too Long in A&E?
A long wait in A&E can be worrying, especially when you are ill or in pain. However, a long wait alone does not necessarily mean that you can make a medical negligence claim.
The important question is whether the delay affected the care you received.
For example, a patient may arrive at A&E with symptoms that need urgent attention. If staff fail to assess or monitor them correctly, their condition could get worse while they wait.
If earlier treatment could have prevented or reduced the harm, the patient may be able to make a claim.
The circumstances of each case will help determine whether A&E negligence has occurred.
Why Are There Concerns About A&E Care?
The BBC investigation, published in September 2026, looked at NHS Resolution data and Freedom of Information requests. It found that the number of A&E-related clinical negligence claims had risen by around 41% over five years.
More than 1,623 claims were made in 2025/26, compared with 1,151 in 2020/21. The BBC reported that A&E is now the single largest area for clinical negligence claims by number.
The Royal College of Emergency Medicine told the BBC that it was concerned about the increase. It linked the rise to growing pressure and long delays within A&E departments.
These figures do not mean that every poor outcome in A&E is due to negligence. NHS staff provide vital care, often in difficult circumstances.
However, patients still have the right to expect a reasonable standard of care. If care falls below that standard and a patient suffers avoidable harm as a result, there may be grounds for a claim.
What Do I Need to Make an A&E Negligence Claim?
Two main questions can help determine whether A&E negligence has occurred.
First, did the care you received fall below a reasonable standard?
Second, did the failure in care cause you harm?
Both points are important.
For example, there may have been a failure to diagnose your condition when you first visited A&E. To make a successful claim, you would also need to show that the delay caused you additional harm other than the condition that had caused you to attend A & E in the first place.
Medical records and independent expert evidence can help show what happened. They can also show whether better care could have led to a different outcome.
Specialist medical negligence solicitors can review this evidence and explain whether you may have grounds to make a claim.
What Can an A&E Compensation Claim Include?
The amount of compensation will depend on the circumstances and how the injury has affected your life.
An A&E compensation claim may include compensation for the pain and suffering caused by the injury.
You may also be able to recover certain financial losses. These could include lost earnings, care costs, rehabilitation or other expenses caused by your injury.
In serious cases, future care and support needs may also form part of the claim.
As with other personal injury cases, the level of compensation will depend on the individual circumstances.
How Can Graystons Solicitors Help?
If you have concerns about the A&E care you or a loved one received, you may not know what to do next.
At Graystons Solicitors, we’ll listen to what happened and help you understand your options.
Our specialist medical negligence solicitors can review your case, obtain medical records and seek independent medical evidence where needed. This evidence can help establish what went wrong and support your claim.
If we believe you have grounds to proceed, we may be able to deal with your case on a no win no fee basis.
Speak to Us About A&E Negligence Claims
If you believe that A&E care caused you or a loved one avoidable harm, you may be able to make a claim.
Our medical negligence team can talk to you about what happened and explain the next steps. We can also advise whether you may have grounds to pursue an accident and emergency claim.
Contact Graystons Solicitors today to discuss your experience and learn how we can help.
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