Accident and Emergency Claims FAQs

If you can prove that the decision to send you home was negligent and directly caused your condition to worsen, you may have a reasonable case for compensation.

Not immediately – your solicitor can obtain your medical records once the claim begins. These will form a key part of the evidence in proving who was responsible for the negligent treatment you received.

It varies. Simple claims may settle in under a year. More complex ones – especially where long-term injuries are involved – can take 2 to 3 years or more to settle. Whether or not your claim is settled by negotiation or goes to court also has a large bearing on how long the case will take.

Not necessarily. Most medical negligence claims settle through negotiation. Having to attend court is usually a last resort if the other side disputes the claim or won’t offer fair compensation. However, your solicitor may issue proceedings if they think the NHS solicitors are dragging their heels. Sometimes issuing court proceedings has the effect of stopping the NHS insurers or solicitors from dragging their heels. It doesn’t mean the case will be heard in court.

No. The legal standard of care remains the same, regardless of how busy or understaffed the department was at the time.