Accident & Emergency Negligence

Across Ireland, our Hospital Accident and Emergency ("A&E") departments serve a vital function dealing with urgent cases of injury and illness.

It is important to remember that even if your A&E department is experiencing high demand, you are owed a Duty of Care. This means you must be fully and properly assessed to determine the appropriate clinical pathway for your condition.  Starting with the triage stage, you should be quickly assessed to determine the urgency of your condition and, if necessary, be prioritised to be seen by an A&E consultant.

While most urgent cases are handled with expertise and professionalism the standard of care provided can fall short, and in doing so can lead to medical harm being caused.   An error during your time in A&E may have future implications for your health and wellbeing.

What can go Wrong in A&E?

At every stage in A&E, decisions are being made about you including how best to assess your current medical state, which specialists to involve, interpreting blood tests and scans, deciding which interventions are needed, and where you should go next.  At each of these stages an error can occur which can have serious consequences.  For example, poor team communication might mean you don’t receive the correct dosage of a drug, or a scan is not properly assessed.  The range of possible errors caused by those overseeing your care are considerable, but include:

• Missing a serious problem during a medical assessment

• Not performing the necessary tests

• Using a drug to which you have an allergy

• Administering the wrong drug or dosage

• Undertaking an intervention without care

• Not involving clinicians with specialist knowledge

• Failing to interpret scans or tests properly

• Failure to provide treatment in a timely manner

• Providing the wrong treatment

• Discharging you from the hospital too early

Medical professionals regardless of seniority all have a duty of care to protect your health.  This includes explaining to you any treatments you need and any associated risks or side-effects.  Failure to explain the clinical risk of a treatment or procedure consented to, which then leads to injury or health damage, may also constitute medical negligence.

How can I bring a Claim for Medical Negligence in A&E?

You may be able to bring a claim for Medical Negligence in A&E which has caused you harm depending on the circumstances.  To prove medical negligence, it must be shown:

• That the standard of care you received fell below that of a competent physician of the same level and;

• This negligence caused damage or injury.

If you have reason to believe you have suffered damage or injury because of a mistake made in A&E, we may be able to assist you.  When you first contact us, we will listen carefully to the details of your case and advise on whether you may have a valid claim.