Expert medical negligence solicitors have expressed concern over reports that the number of clinical negligence claims relating to Accident and Emergency (A&E) treatment in England has risen by 41% over the past five years.

More than 1,623 A&E-related clinical negligence claims were made in 2025/26, compared with 1,151 in 2020/21, according to analysis of NHS Resolution data reported by the BBC.

The BBC analysis also found that emergency medicine now accounts for more clinical negligence claims by number than any other individual area.

The figures have prompted concern from clinical negligence solicitors at Switalskis about the pressures facing emergency departments and the potential impact on patient care.

However, claims data should be considered carefully. There can be a significant delay between treatment taking place and a claim being brought, and not every clinical negligence claim results in compensation being paid or patients taking legal action.

Switalskis supporting patients affected by A&E negligence

At Switalskis, our specialist medical negligence solicitors support a number of people and families who have suffered serious harm following negligent treatment in A&E departments.

The circumstances differ from case to case but the concerns we investigate can include missed and delayed diagnoses, inadequate investigations, failures to recognise deterioration and patients being discharged without the treatment or follow-up they needed.

Clare Gooch , Senior Associate Solicitor in Switalskis’ specialist medical negligence team, said:

“The increase in A&E-related claims is concerning, particularly because we know from the people and families we support just how serious the consequences of failures in emergency care can be.

“A&E clinicians are often making difficult decisions in extremely pressured circumstances. However, where someone presents with symptoms that could indicate a serious condition, it is vital that the appropriate investigations are considered, changes in their condition are recognised and concerns are escalated when necessary.

“We support clients whose lives have been significantly affected following failures in A&E care. For some, a missed diagnosis or delay in treatment has resulted in an injury becoming much more serious than it otherwise would have been. Others are looking for answers after losing a loved one.

“Claims are only one part of the picture, but a sustained increase should prompt careful consideration of what is going wrong and, importantly, what can be learned to reduce the risk of similar incidents happening again.”

What can go wrong during A&E treatment?

NHS Resolution has previously reviewed clinical negligence claims involving emergency departments to identify opportunities for learning and improving patient safety.

Its work has highlighted issues including delays in diagnosis and treatment, inappropriate or delayed investigations, communication problems and inadequate safety-netting when patients are discharged.

Examples of potential failures in A&E care can include:

• failing to arrange an appropriate X-ray, CT scan, MRI scan or other investigation
• missing symptoms or test results indicating a serious medical condition
• failing to recognise that a patient's condition is deteriorating
• incorrectly diagnosing a patient and discharging them without appropriate investigation
• failing to take account of a patient's medical history when assessing their symptoms
• delays in obtaining specialist advice or referring a patient to another department
• failing to act on abnormal test or scan results
• inadequate advice about when a patient should return to hospital if their symptoms worsen.

Not every missed diagnosis, delay or unexpected outcome amounts to medical negligence. The individual circumstances and the standard of care provided need to be considered carefully.

Can I make a claim for negligent A&E treatment?

You may be able to make an A&E medical negligence claim if the treatment you received fell below a reasonable standard of care and this caused you avoidable harm.

For example, you may have concerns if you attended A&E and were sent home, only to later discover that a serious illness or injury had been missed. You may also have grounds to investigate what happened if there was an avoidable delay in diagnosing or treating your condition and this affected your eventual outcome.

For a clinical negligence claim to succeed, it is generally necessary to establish both breach of duty and causation.

This means showing that the care you received fell below an acceptable standard and that, on the balance of probabilities, the outcome would have been different if appropriate care had been provided.

What should I do if I think something was missed in A&E?

If you are concerned about treatment you or a loved one received in A&E, you can ask the NHS trust responsible for your care to investigate what happened. You can also request copies of your medical records and make a formal complaint.

If you have suffered serious or lasting harm, speaking to a specialist medical negligence solicitor can help you understand whether the treatment you received should be investigated further.

There are time limits for bringing medical negligence claims, so it is important to seek advice as soon as you can.

How Switalskis can help with an A&E negligence claim

Our specialist medical negligence solicitors have extensive experience investigating claims involving missed diagnoses, delays in treatment and failures in hospital care.

We understand that people often contact us because they want to understand what happened and whether opportunities to diagnose or treat their condition were missed.

We can review the circumstances of your treatment, obtain your medical records and, where appropriate, seek independent expert medical evidence about the care you received.

Where negligent treatment has resulted in life-changing injuries, a claim can also help secure funding for rehabilitation, therapies, specialist equipment, care and support.

If you or a loved one has suffered avoidable harm following treatment in A&E, contact our medical negligence team for a free, confidential discussion about what happened.