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A&E Claims for Compensation: Negligence Claims

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Accident and emergency A&E departments are one of the most high-pressured environments in hospitals that provide a crucial service by treating emergency cases and casualties every day. Whilst the majority of patients are treated and diagnosed in an efficient and effective manner, there are those who suffer as a result of medical mistakes from medical professionals.

Understandably, accident and emergency departments are intense working environments for medical professionals. However, medical mistakes can have serious life-changing effects on patients, including physical injuries, misdiagnosis and in some cases, even fatality.

If you or someone you know has suffered an illness or injury as a result of medical negligence whilst in A&E, you may be eligible to make an accident and emergency claim for compensation. Contact Wildwood Legal today to discuss your potential claim with our medical negligence solicitors and receive more information about the claims process.


Common medical mistakes that lead to A&E claims


A&E medical mistakes typically happen during treatment or diagnosis of a patient. Some of the most common medical mistakes we see that result in A&E negligence claims include the following:


· Failure to examine a patient correctly or access their history

· Failing to admit patients into hospital and instead sending them home

· Not carrying out proper investigations, such as blood tests or scans

· Failing to read a patient’s test results correctly

· Mistakes made during surgery

· Inadequate care after operations

· Performing incorrect surgery

· Failure to operate


All of the causes listed above can lead to all kinds of serious health conditions and complications. If you have suffered injuries as a result of any causes listed above, as well as others, you may be able to make an accident and emergency claim.


 What is required for A&E claims?


If you are thinking about claiming compensation, it is important that you are aware of how to prove medical negligence. Medical negligence cases must be built on evidence, so it is essential that you can prove what happened to you was a direct result of someone else’s actions.


Evidence that could help prove medical negligence include:


· Medical records, including any ultrasounds or X-rays

· Any reports from medical experts that could be used as evidence

· Photographs or any injuries or illness related symptoms

· Financial evidence

· Detailed statements from the claimant

· Witness statement (these can be from family or friends)


It is in your best interest to talk to a solicitor as soon as possible as they can discuss your entitlements with you and advise you on your options going forward.

Clinical negligence Solicitors from law firms can provide clarity on whether you have been wrongfully injured due to medical negligence as they are legal experts and specialise in medical negligence compensation claims.


How will my A&E claims compensation be calculated?


A medical negligence compensation award is made up of two areas, general damages and special damages.

General damages cover physical injuries; these damages take the severity of your injuries into consideration as the more severe your injuries are, the higher the compensation levels are likely to be. If you have been left disfigured or disabled as a direct result of medical malpractice, this would be covered by general damages.


Special damages cover the financial impact the medical negligence had. This includes loss of earnings which will depend on the severity of your injuries and the type of job that you do. Special damages also cover any care that you may need. For example, if you lost a limb due to medical malpractice, the court would likely reward you with compensation to cover the financial implications of this in the future.

If the Defendant admits liability for your case, you may also be able to receive an interim payment, meaning that you could receive a part-payment of compensation during litigation. These payments are made by the other side before a case is settled in order to aid you to fund a number of vital things such as assistance in daily living or urgent medical care.


Time limits for making A&E claims


The law on time limits for making A&E compensation claims is similar to most other medical negligence claims. The general rule is that you have three years from the date of the accident to have either settled your claim or started court proceedings where the injury occurred at A&E.

The three-year deadline commences from the date that the injury occurred or from the date on which you realised that your injury or illness was associated with medical negligence. The three-year time limit for claiming compensation does not apply to under 18s; however, it will come into effect after their 18th birthday. There is also no time limit if you are claiming on behalf of an individual that lacks the mental capacity to make a claim themselves.


How much do A&E claims cost?


We will always be 100% transparent about what our charges are; if we take on your medical negligence case, we will almost always do so on no win no fee agreements (also known as a conditional agreement).

This means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.

We will never ask you to sign anything until you are completely happy with what it is that we are proposing.


How can Wildwood Legal assist?


At Wildwood Legal, we know that the consequences of accident and emergency negligence can be devastating. If you have suffered from this, you need to seek legal advice – That’s where we come in.

We see all too often the significant effect that medical negligence can have on people’s lives. We can help on the financial side to get you on the road to recovery and help you to maximise the amount of compensation you receive.

Our core strength is in personal injury claims. We are experienced in helping you with any negligence claims that you may want to make. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.

Our law firm is authorised and regulated by the Solicitors Regulation Authority; therefore, we provide everything that is needed to meet their high standards meaning that we are a trusted law firm. We offer services to individuals located in England and Wales. To make an enquiry, get in contact with us either email us or call us 01423 209 046 We have registered offices in Harrogate and London.

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If you are thinking about making a claim, we would love to hear from you.  We will give you clear, honest advice.

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