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A&E (Accident & Emergency) Compensation Claims

We are very fortunate to live in a country where we have unconditional access to the National Health Service (NHS) regardless of our background. For that, we can forever be grateful to Aneurin Bevan.

Part of the NHS is the Accident & Emergency Department (A&E), where someone will go if they require urgent medical attention, for example, for a deep wound, a critical illness or for a head injury.

As great as the NHS is, sadly, due to the overwhelming number of patients being seen, there can be errors when treating patients, especially within A&E, where there is often a stressful atmosphere due to the urgent and demanding nature of the department. For example, there may be errors with misdiagnosis or delays that can lead to further pain and suffering.

Unfortunately, these errors can sometimes be life threatening or life changing. Often in these scenarios, the patient or a family member may be entitled to an Accident and Emergency compensation claim.

Taking steps to find out whether you are entitled to make an A&E compensation claim can often be daunting and cause anxiety.

We are grateful for the free health care we have under the NHS, and so this can lead to reservations. However, taking these steps can also lead to changes within the NHS to avoid similar mistakes happening to future patients and future families.

On a more personal level, it can also assist with obtaining compensation which can go towards helping you or a loved one get the ongoing care and treatment they need, along with other losses such as lost earnings, which may have stemmed from an injury caused by A&E negligence.

JCP Solicitors can help you alleviate the burdens involved in making an A&E compensation claim, by providing you with straight forward advice and acting on your behalf in making a claim.

 

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Chambers UK 2020

  • Mei Li
      • Mei Li
      • Director & Head of Catastrophic Injury
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  • Nick O'Neill
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  • Cheryl Smith
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How A&E claims work

In order to be successful in getting compensation as a result of negligent A&E treatment, there is a two-stage test which you must satisfy:

Breach of duty

There must have been some treatment or care a patient has received, which has fallen below a reasonable and accepted standard. This may include a misdiagnosis, errors in a risk assessment or something missed on a scan or X-Ray. For example, there may have been a tumour identified in a scan, but this has been missed by a consultant.

Causation

The second stage is satisfying that some harm has come to you, or a family member, as a result of the breach of duty. Following on from our example above, the tumour may have developed to such an extent that it has caused irreparable damage. Had it been diagnosed correctly at the time, then steps could have been taken to remove the tumour sooner.

The person who has been injured will be eligible to make a claim if the above test has been satisfied. If the person has sadly passed away, then the claim can still proceed through their estate. JCP Solicitors also specialise in Fatal Medical Negligence Claims.

With A&E claims, there is a general limitation period of 3 years following the date you became aware that you suffered significant injury due to medical treatment. You face the risk that your case will become statute barred if you do not submit your claim to the courts within this period.

Starting an Accident & Emergency compensation claim with JCP Solicitors

We would be more than happy to provide you with a free, no obligation, initial consultation.

We will be able to provide you with sound advice as to the merits of your potential claim, along with the next steps involved. Whether this be pursuing your claim through the NHS Redress Scheme, or starting a Medical Negligence claim.

There are a number of different funding options available to you, including no win, no fee, and we will be able to provide you with straight forward advice on this so you can make an informed decision.

How Can I Fund a Medical Negligence Claim?

Building your A&E negligence claim

In order to investigate your claim further you will require specialised medical experts to provide reports in relation to the alleged breach, the harm caused to you or a family member, and also the prognosis. JCP Solicitors are experienced in dealing with medical experts and their reports, and we are able to provide you with straightforward advice so that you are able to decide on the best expert suited to your case.

Once the reports have been obtained, then we will be in a position to provide you with advice in relation to the value of your claim and the amount of compensation you deserve.

Compensation is split into 2 categories:

General Damages

This is for the pain and suffering you or a family member has suffered, or continues to suffer, as a result of the negligence.

Special Damages

This award is for any out of pocket expenses you, or a family member, have incurred, or continue to incur as a result of the negligence. This may include loss of earnings, care and assistance or treatment for example.

JCP Solicitors can assist you in claiming for loss of earnings, any care and assistance you may need or additional treatment, which may be vital to you or a family member, especially when those injuries have led to a loss of independence, or the loss of a job.

Securing Accident & Emergency compensation

JCP Solicitors are specialised in negotiation, in order for you to get the compensation you deserve and are entitled to. Due to this, the vast majority of claims will settle without requiring a court hearing, which will reduce the costs involved in your claim and also reduce the stresses which are entailed when a court hearing is needed.

There are instances where proceedings will need to be issued to the court, and this allows for claims to proceed more quickly, working towards a deadline, and also to assist with ensuring you receive the amount of compensation which you deserve.

Whatever approach your particular claim requires, JCP Solicitors will be there to provide you with straightforward, and practical advice you need to pursue your claim. We have a fantastic team of solicitors within our medical negligence department, who will be empathetic to whatever your situation is and will provide you with the emotional support you require.

Why use our A&E negligence solicitors in South Wales?

Our solicitors have years of experience in dealing with injury claims and have the vast range of knowledge available for you to get the most out of your A&E negligence claim. Whether there has been a misdiagnosis, delay in diagnosis, missed fracture, missed tumour, or a fatal claim, JCP Solicitors will be on hand to give you the support you need.

JCP Solicitors are accredited by the Law Society Clinical Negligence accreditation, Law Society Clinical Negligence Panel, the UK Acquired Brain Injury Forum, the Law Society Personal Injury Panel and are on the recommended Headway Solicitors list.

JCP Solicitors have offices all over South Wales, East Wales and West Wales in Cardiff, Swansea, Caerphilly, Carmarthen, Cowbridge, Haverfordwest, and St David’s.

JCP Solicitors have helped numerous clients be successful in claiming compensation which has resulted from A&E negligence. Feel free to take a look at our case studies.

Start an A&E compensation claim in South Wales

If you think you or a loved one have received negligence care or treatment at A&E, and you wish to make an A&E compensation claim, then do not hesitate to get in touch with our medical negligence claims lawyers in South Wales now by contacting your local JCP office or use the contact form to request a call back.

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