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Accident and Emergency
Department Claims

Could you be entitled to claim?

  • Decades of combined experience
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  • No-obligation consultation and claim assessment
  • Support and advice whenever you need it

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Oakwood have explained everything.

Oakwood have explained everything regarding my medical negligence claim. They have stayed in touch, returned calls and taken my information in detail and anything I have remembered after the fact they have also taken that down in detail too.

- Phil MC.

Very helpful.

Very helpful and found everyone I spoke to easy to talk to and made the process very easy to understand. Would definitely recommend.

- Thomas

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'No-Win, No-Fee'

agreement available on A&E cases.

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Decades of combined experience

in Medical Negligence litigation.

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Caring and empathic

team members dealing with your claim throughout.

The experts in Medical Negligence

Oakwood Solicitors Ltd’s specialist Medical Negligence department has an in-house team of Solicitors and legal professionals dedicated solely to this area of law. With over 24 years of combined experience, we are dedicated in assisting clients who have suffered physically, mentally and financially as a result of negligent medical treatment.

Our specialist team pursues an array of medical negligence claims ranging from Prescription errors and misdiagnosis, to complex birthing injury and spinal claims and everything else in between.

What is A&E negligence?

On average 68,000 adults and children attend A&E on a daily basis. Accident and Emergency Departments are the busiest part of the hospital. An array of injuries are seen in A&E Departments from cuts and bruises, fractures, to deadly infections and near fatal injuries. It is not a simple area of clinical negligence due to the many different possible injuries that a patient may present with.

Unfortunately, it is often the case that injuries go undetected or else are misdiagnosed within the A&E department. On attendance at A&E, the treating medical professional has a duty to carry out the appropriate physical examination, diagnose any injury and treat accordingly. They may also need to refer you to a specialist department so that you can receive further treatment.

A&E negligence therefore commonly occurs as a result of one or more of the following:

  • Incorrect medication prescribed
  • Incorrect treatment provided
  • A delay in appropriate treatment
  • Inadequate patient examination or referral
  • Misinterpretation of radiology or examination results
  • Failure to admit patients for further treatment
  • Failure to recognise serious symptoms or missing high risk conditions

This can result in the injury becoming more difficult to treat, it may require more invasive treatment going forwards, it may cause increased pain and suffering or it may cause you to develop other connected health problems.

What are the most common negligence claims?

There are a vast number of possible clinical negligence claims that could be brought as a result of the treatment provided at the A&E department. However, A&E negligence claims often include:

  • Missed Fracture or misdiagnosis of a fracture – often it is a failure to take an x-ray or it may involve the misinterpretation of an x-ray.
  • Hospital acquired infections.
  • Heart Attacks, DVT, Strokes – these conditions require urgent attention but are sometimes missed or else the patient is not appropriately treated, admitted or referred in a timely manner.
  • Foreign Bodies – accidents often occur where wood, glass, stones, metal and other such foreign objects can become stuck in the body. These injuries should be appropriately examined and foreign bodies removed however, these are sometimes unidentified and are therefore left in place.
  • Eye Injuries – any foreign body that has entered the eye needs to be addressed quickly to prevent infection or loss of eye sight.
  • Appendicitis – a possible fatal condition that often needs to be treated as a matter of urgency to prevent rupture, infection and possibly death.
  • Cauda Equina – a failure to diagnose potential compression of the nerves located in the lumbar region of the spine. This ought to be treated urgently for there to be a better chance of recovery for the patient.
  • Ectopic Pregnancy and Retained Products of Conception – these are often undiagnosed and result in a delay in treatment.
  • Sepsis and meningitis – often fatal illnesses that are easily missed, incorrectly treated and require urgent medical attention.

What can I claim for in an A&E negligence claim?

If you have suffered due to A&E negligence, then you may be able to claim for the following:

  • Avoidable pain and Suffering
  • Any avoidable loss of earnings as a result
  • Further surgery or treatment that may be required which would have been avoidable and the costs of the same
  • Psychiatric harm

Why make a negligence claim?

Healthcare professionals have a duty of care to their patients and a responsibility to provide prompt and effective treatment. If your injury was missed or you experienced a delay in diagnosis, then this may constitute medical negligence and you may be entitled to compensation.

Here at Oakwood Solicitors we have first hand experience in dealing with people whose lives have been changed by medical negligence. Bringing an A&E negligence claim has allowed our clients to receive the financial support that is needed to aid in their recovery and subsequent treatment.

Frequently Asked Questions

How do I make a claim?

If you feel that an A&E practitioner has misdiagnosed, failed to refer, not fully investigate or did not provide you with the correct treatment then you could be entitled to compensation. The team at Oakwood Solicitors will be able to give you free advice on the prospect of your case and whether you would be eligible to make a claim.

Who can bring a claim?

The victim of the negligence can bring about a claim in their own right. However, it may also be the case that the victim has passed away as a result of the negligence or has suffered so severely that they are unable to bring about a claim as they no longer have capacity.

In such circumstances a claim can be brought about on their behalf either by an appropriate person or litigation friend if the victim is still with us or by the executor of the estate of surviving dependant if the victim has passed.

Our specialist team will be able to discuss whether you have a right to bring about a claim so if you or a loved one has been affected do not hesitate to contact us.

How long do I have to make a claim?

Claims of this nature are subject to a three-year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred. In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th birthday.

The law surrounding limitation periods is complex. Our specialist team will be able to advise further. Please do not delay, contact out specialist team as soon as possible.

How long will my case take to run?

Given the complexities involved in pursuing A&E negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued.

Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

How much is my claim worth?

It is often difficult to value Negligence claims at their outset, given the complexities involved however we will pursue two forms of compensation for you:

General damages – An award of money for the pain and suffering you have endured as a result of the negligence.

Special damages – An award for all of your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future.

This list is not exhaustive and is very case-specific. Our specialist team will be able to advise further.

Why should I choose Oakwood Solicitors Ltd?

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.

What do I do now?

If you believe or feel you have a claim contact us for a free initial consultation regarding your options.

carol cook
Carol Cook — Solicitor and Head of Department

Carol Cook joined Oakwood Solicitors in May 2017 to lead the Medical Negligence department. She handles a wide range of Clinical and Dental Negligence claims and has a specialist interest in Birth Injuries.

Carol has years of experience in handling complex clinical and Dental Negligence claims securing substantial amounts of damages for her clients. Carol studied her law degree (LLB honours) at Salford University.



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