New figures highlighted by the BBC show a significant rise in clinical negligence claims relating to A&E care in England.
The BBC’s analysis of NHS Resolution data found more than 1,623 A&E-related clinical negligence claims in 2025/26, compared with 1,151 in 2020/21. This represents a rise of around 41%. The value of those claims exceeded £550 million.
NHS Resolution’s own data also shows that emergency medicine remains the largest specialty by volume of newly reported clinical negligence claims. Its review of claims has identified recurring issues including missed signs of deterioration, failures to arrange appropriate tests or scans, and incorrect diagnoses.
When an A&E error has life-changing consequences
The BBC report highlights the devastating consequences that an A&E error can have for patients and their families.
One individual attended Warrington Hospital with headaches and dizziness following treatment for a brain tumour. He was assessed and discharged without a brain scan. He subsequently suffered a cardiac arrest after fluid built up on his brain and now lives with almost complete paralysis.
The NHS trust has accepted that there was a breach of duty in failing to arrange a CT brain scan and that, on the balance of probabilities, the scan would have identified the problem and led to treatment.
His experience is a powerful reminder that what may appear to be a single missed step can have consequences that last a lifetime.
“These figures are a reminder that the consequences of mistakes in A&E can be profound. Emergency departments are under enormous pressure, but patients still need their symptoms to be assessed carefully, warning signs recognised and appropriate investigations arranged where necessary. When something goes wrong, it is important that we look beyond the individual incident and ask what can be learned from it. Shared experiences can help identify recurring problems, improve patient safety and reduce the risk of other families experiencing avoidable harm. For patients and their families, understanding what happened can also be an important part of moving forward.”
Janine Collier, Partner and Head of Medical Negligence at Tees
What does this mean for patients?
A&E departments work under significant pressure, and the rise in claims needs to be considered in that context. Long waits and staffing pressures are among the concerns raised by emergency medicine specialists.
However, pressure does not remove the duty to provide an appropriate standard of care.
NHS Resolution’s thematic reviews emphasise the importance of timely diagnosis and treatment, recognising when a patient’s condition is deteriorating, appropriate record keeping and clear communication.
If a serious injury has resulted from a failure to diagnose, an inappropriate discharge, a missed scan or another failure in A&E care, it may be appropriate to investigate whether the care fell below the required standard and whether this caused avoidable harm.
If you believe you or a family member has suffered avoidable harm
A medical negligence claim is not simply about establishing that something went wrong. You must consider whether the treatment fell below the appropriate standard and whether that failure caused or materially contributed to the injury suffered.
The impact can extend far beyond the initial injury, affecting someone’s ability to work, their independence, their care needs and their family’s finances.
If you are concerned about treatment received in A&E, our medical negligence specialists can help you understand what happened, whether there may have been a failure in care and what options are available to you.
The most important question is often straightforward: could the harm have been avoided if the right steps had been taken at the right time?
