How long do you have to make a medical negligence claim?
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
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Hospital & treatment
A&E Negligence Claims
Errors in emergency care can involve assessment, investigation, referral, treatment, medication or discharge. We can help you understand whether what happened should be investigated further.
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Failure to recognise serious symptoms
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Failure to arrange appropriate tests
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Delayed referral to a specialist team
Last updated 6 August 2026
Understanding the claim
What can amount to a&e negligence?
A poor outcome alone does not prove negligence. The investigation considers what a reasonably competent healthcare professional should have done and whether any failure made a material difference to the outcome.
Failure to recognise serious symptoms
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to arrange appropriate tests
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Delayed referral to a specialist team
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Incorrect treatment or medication
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to act on abnormal results
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Premature or unsafe discharge
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Evidence
How a a&e negligence claim may be investigated
Relevant evidence depends on the circumstances. Common sources include:
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A&E and hospital records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
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Triage and observation notes
The evidence is considered alongside the chronology and appropriate independent expert opinion.
03
Imaging and test results
The evidence is considered alongside the chronology and appropriate independent expert opinion.
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Independent medical expert evidence
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The process
What happens after an initial enquiry
- 01
Initial enquiry
Tell us what happened, when the treatment took place and how you were affected.
- 02
Early assessment
The key facts, limitation position and whether further investigation may be appropriate are considered.
- 03
Records & evidence
Relevant medical records, chronology and evidence of any financial losses may be obtained.
- 04
Expert review
Appropriate independent experts may address breach of duty, causation, condition and prognosis.
- 05
Claim & negotiation
Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.
- 06
Resolution
The matter may conclude by agreement or, where necessary, through the court process.
Compensation
What can compensation take into account?
There is no reliable generic calculator for medical negligence. Where liability is established, compensation can reflect the individual injury and financial consequences supported by evidence.
- Pain, suffering and loss of amenity
- Past and future loss of earnings
- Care and assistance
- Rehabilitation and treatment
- Equipment, travel or accommodation needs
- Other reasonable losses caused by the injury
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Questions answered
A&E Negligence FAQs
Can an A&E misdiagnosis amount to negligence?
Potentially. The key questions are whether the care fell below a reasonable standard and whether that failure caused avoidable harm.
What if I was discharged and became worse later?
A discharge decision can form part of an investigation where warning signs were missed or appropriate safety-netting, testing or referral did not take place.
Related guidance
Useful medical negligence guides
How medical negligence claims work
A plain-English overview of breach of duty, causation, medical records, expert evidence and the main stages of a claim.
Read guide →
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 guide →Free initial enquiry
Talk to us about a potential a&e negligence claim.
Tell us what happened and our team can explain the next steps.