Between 2019 and 2024, 3,869 cases of A&E negligence were settled by NHS Trusts, caused by a drastic rise in patient waiting times.
Since 2019, NHS Trusts have had to pay out more than £500 million to patients who have lodged claims following negligence in an A&E setting.
Figures obtained by Medical Negligence Assist found that between 2019 and 2024, 5,835 claims regarding A&E negligence were lodged against NHS Trusts, with 3,869 of these claims being settled.
As Healthcare Today reported earlier this year, NHS staff experienced the busiest year on record for A&E and ambulance services last year.
The lowest number of claims was made in 2020/21, when 1,019 claims were filed against the trusts. A year later, this number increased to 1,115 claims. Trusts have seen a rise in the number of claims over the past year, compared to 2022/23, with a total of 1,298.
“The growing rate of negligence in A&E services brings into sharp focus a deeply concerning trend within our National Health Service,” said Sophie Cope, medical negligence solicitor for JF Law.
“With over 6,000 claims being made against trusts in the past five years, this represents thousands of individuals who have suffered harm at a time when they were most vulnerable and seeking urgent care,” she continued.
Failed or delayed diagnosis
Over the past five years, the trusts have paid out a total of £501.3 million, with the highest amount being paid in 2021/22, at £118.5 million. A drastic rise in patient waiting times has also piled pressure on A&E services, with thousands of patients having to wait up to three days, often spending much of that time in hospital corridors.
Analysis by the Royal College of Emergency Medicine (RCEM) shows that there were more than 16,600 deaths associated with long A&E waits before admission in England last year. That’s an increase of 20% (2,725) compared to 2023.
Mid and South Essex NHS Foundation Trust had the highest compensation costs at more than £19 million, while Frimley Health, University Hospitals Birmingham and Northern Care Alliance NHS Trusts also had costs of over £16 million.
The main reason for many claims made against the NHS was a failed or delayed diagnosis, which was responsible for 2,224 claims alone over the past five years.
“The most common reason for individuals pursuing this type of claim over the past five years has been a failed or delayed diagnosis, often caused by the A&E department’s failure to refer the patient for further investigations. Early intervention and accurate assessment are crucial in an emergency department setting,” said Cope.
