Accident and Emergency Claims

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Accident and Emergency (A&E) departments are high-pressure environments where medical professionals work tirelessly to provide urgent care. However, mistakes can happen, and when A&E staff fail to deliver the standard of care expected, the results can be devastating. From misdiagnosis to surgical errors, these oversights can lead to life-altering consequences for patients and their families.

At Good & Murray Smith LLP, we are recognised as experts in medical negligence claims, including those arising from A&E negligence. With over 100 years of experience, we provide expert legal advice with a personal, compassionate touch, always striving to achieve justice and fair compensation for our clients.

What Is Accident and Emergency Negligence?

A&E negligence happens when medical professionals fail to uphold the required standard of care, causing harm to the patient. These errors can stem from overworked staff, communication failures, or a lack of proper protocols.

Examples of A&E Negligence

  • Misdiagnosis or delayed diagnosis: Misdiagnosing or overlooking critical conditions such as appendicitis, strokes, or sepsis can delay life-saving treatments.
  • Medication errors: Administering the wrong drug or dosage, failing to consider allergies, or overlooking drug interactions can lead to severe complications.
  • Failure to investigate or refer: Failing to perform essential tests such as X-rays, blood tests, or scans, or neglecting to refer patients to specialists, can exacerbate conditions.
  • Inadequate monitoring: Patients in critical conditions require constant supervision. Neglecting to monitor can result in life-threatening deterioration.
  • Improper discharge: Sending patients home without resolving their conditions or providing adequate aftercare instructions can cause avoidable harm.
  • Surgical errors: Mistakes during emergency surgeries, such as leaving instruments inside the body, can have long-term consequences.

Steps to Making an Accident and Emergency Claim

Consultation and Initial Assessment

Begin by contacting our specialist solicitors for an in-depth consultation. We will assess your case, explain the process, and discuss the next steps.

Gathering Evidence

We assist in obtaining critical evidence, such as:

  • Medical records detailing the treatment received.
  • Expert opinions highlighting breaches of standard care.
  • Documentation of injuries, expenses, and losses.


Drafting a Letter of Claim

We will outline the allegations of negligence in a formal Letter of Claim, which is sent to the hospital or healthcare provider involved.

Negotiation or Litigation

While many claims are resolved through negotiation, we are prepared to pursue your case in court if necessary, ensuring you receive the justice you deserve.

Time Limits for Filing a Claim

Under Irish law, you generally have two years less one day from the date of the incident or the date you became aware of the negligence to file a claim. Exceptions include:

  • Minors: They have until two years after their 18th birthday to bring a claim.
  • Mental incapacity: The time limit is extended until the individual regains capacity.


Seeking legal advice as soon as possible is essential to ensure compliance with these time limits.

Common A&E Errors That Lead to Claims

Misdiagnosis and Delayed Treatment

For example, severe abdominal pain dismissed as indigestion could be a burst appendix requiring emergency surgery. Such errors can worsen a patient’s condition and are grounds for negligence claims.

Communication Failures

Failing to share critical information, such as allergies or test results, can lead to catastrophic consequences.

Medication Mistakes

Administering the wrong dosage or neglecting to check for drug interactions can cause life-threatening complications.

Neglect During Critical Moments

Failure to monitor patients in critical conditions or overlooking signs of deterioration are serious errors that can result in claims.

Failure to Perform Necessary Tests

Not conducting essential tests like blood tests, X-rays, or CT scans can lead to missed diagnoses.

Inadequate Aftercare

Neglecting to provide proper follow-up care after treatment or surgery can cause long-term complications.

What Evidence Is Required for a Claim?

To build a strong case, you will need:

  • Medical records highlighting the alleged negligence.
  • Documentation of injuries and worsening conditions.
  • Expert medical opinions demonstrating that the standard of care was breached.
  • Records of financial losses, such as medical expenses and lost earnings.


Our team will guide you through gathering and presenting this evidence effectively.

Compensation for A&E Negligence

Compensation for an accident and emergency claim is divided into two categories: general damages and special damages. 

General damages aim to compensate for the non-financial consequences of negligence. This includes physical pain, emotional suffering, and the overall impact on your quality of life. In Ireland, these damages are assessed based on guidelines that provide a framework for valuing injuries, such as those outlined in the Personal Injuries Guidelines.

Special damages, in contrast, are not estimated but must be specifically proven. These damages address the tangible, financial consequences of the negligence and are calculated based on the actual costs you have incurred or are likely to incur in the future. In an A&E claim, these may include medical expenses, loss of income, travel costs, anticipated expenses for long-term care, etc. 

To recover special damages, you must provide clear evidence of these losses, such as medical bills, wage slips, or receipts. In Irish law, this documentation is crucial to demonstrate that the financial impact directly resulted from the negligent care you received.

Our expertise ensures that we thoroughly document and argue for both categories, maximising your compensation under Irish law. If you believe you have suffered due to negligence in an Accident and Emergency department, contact us today for tailored advice and robust representation.

Frequently Asked Questions

Incidents such as misdiagnosis, delayed treatment, surgical errors, failure to perform necessary tests, and improper discharge can all lead to claims if they result in harm.

Contact our specialist solicitors to discuss your case. We will guide you through the process, from gathering evidence to filing a claim.

Not always. Many cases are settled through negotiation, but we are prepared to represent you in court if required.

The timeline depends on the complexity of the case and whether it goes to court. Simple cases may resolve within months, while others can take longer.

We operate transparently and will provide a clear breakdown of costs before proceeding.

Why Choose Good & Murray Smith LLP for Your Accident and Emergency Claim?

Specialist Expertise in A&E Claims

We have extensive experience handling claims involving A&E negligence, including misdiagnosis, delayed treatment, surgical errors, and medication mistakes. Our legal team understands the unique challenges of these cases, such as the fast-paced, high-pressure nature of emergency care and the specific standards medical professionals are expected to meet.

Thorough Investigation of Your Case

A&E negligence claims often hinge on gathering robust evidence, including medical records, expert testimony, and timelines of events. We are meticulous in investigating every detail of your case to build a strong foundation that holds up in negotiations or court proceedings.

Proven Track Record in Complex Medical Negligence Cases

With over a century of experience in litigation, we are recognised leaders in medical negligence claims. Our history of achieving favourable outcomes for clients demonstrates our ability to navigate even the most complex cases with confidence and precision.

Access to Top Medical Experts

To support your claim, we work with leading medical experts who provide independent opinions on breaches of care. Their insight ensures that your case is presented with the highest level of credibility and expertise.

Client-centred Approach

We understand the emotional, physical, and financial toll that A&E negligence can take on individuals and families. From your first consultation, we will provide clear, compassionate guidance and keep you informed at every stage of the process. Our goal is to make the legal journey as stress-free as possible.

Strong Advocacy for Maximum Compensation

Whether through negotiation or litigation, we fight to secure the compensation you deserve. This includes not only general damages for pain and suffering but also special damages to cover medical expenses, lost earnings, and ongoing care needs.

Preparedness for Litigation

While many claims are resolved through negotiation, we prepare every case as though it will go to court. This ensures we are ready to advocate effectively on your behalf, no matter how the case progresses.

Dedication to Justice and Accountability

For many clients, an A&E claim is about more than compensation—it’s about ensuring accountability and preventing similar mistakes from happening to others. We share this commitment and will work tirelessly to achieve a fair resolution.

Contact Us Today

If you or a loved one has suffered due to negligence in an A&E department, contact Good & Murray Smith LLP today.

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For Expert Legal Advice on Medical Negligence Claims

If you or a loved one has suffered due to medical negligence, don’t delay. Good & Murray Smith LLP is here to support you. Contact us to arrange a consultation to review your case and guide you through the next steps.