Can you claim for an A&E misdiagnosis?
Key considerations where emergency care failed to recognise, investigate or appropriately respond to a serious condition.
Read article →Medical negligence law is fact-specific. This article explains general principles in accessible language and is not a substitute for advice on an individual case.
Important: Do not delay seeking advice because of information on a website. Limitation can be complex and depends on the individual circumstances.
What does a safe discharge require?
A patient can be discharged before every symptom has resolved. The decision should nevertheless be reasonable in light of the clinical information available and supported by an appropriate plan.
Depending on the circumstances, that may involve reviewing observations and results, reconciling medication, assessing mobility or support needs, arranging follow-up and explaining when urgent help is needed.
Common concerns after discharge
A review may be appropriate where serious warning signs were unresolved, important results were outstanding without a plan, necessary medication or equipment was omitted, or a patient and family received no adequate safety-netting.
- Unexpected deterioration soon after discharge
- A rapid return to A&E or emergency readmission
- Missing referral, community support or medication
- Failure to communicate important findings to the GP or receiving service
Why readmission is not enough on its own
Some conditions worsen despite reasonable treatment, and some patients appropriately need to return. A claim requires evidence that the discharge or related planning fell below a reasonable standard and that this probably caused additional harm.
Building the evidence
Relevant material may include triage and observation charts, test results, medication records, discharge summaries, referral records, ambulance notes and later GP or hospital records. A patient or family chronology can help identify missing information and changes after discharge.
Complaints and legal advice
A complaint can seek an explanation and service response, while a negligence claim considers legal liability and compensation. They are different processes. Prompt advice is sensible where dates or the effect of the discharge are uncertain.
About this article
This article provides general information. The assessment of a medical negligence claim depends on the treatment, harm, dates and supporting evidence in your individual case. Contact us if you would like the firm to consider your circumstances.
