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When A&E Gets It Wrong: The Rise In Emergency Department Claims

Recent NHS data shows that A&E departments are experiencing record levels of demand, with July 2026 recording the highest number of attendances ever reported in England. Against this backdrop, concerns are growing about patient safety and the increasing number of clinical negligence claims arising from emergency care.

A recent BBC News article told the heartbreaking story of a young man whose life changed forever after serious failures during his attendance at A&E. His family say that opportunities to diagnose and treat his condition were missed, leading to devastating and permanent consequences.

Whilst every case turns on its own facts, stories such as this reflect concerns that many patients and families are experiencing across the NHS. Emergency Departments are under unprecedented pressure, and when basic standards of care are not met, the consequences can be life-changing.

The challenges facing A&E departments

Emergency Departments are often the front door to the NHS, providing urgent care to hundreds of patients every day. Staff work in highly pressured environments where difficult decisions frequently need to be made quickly. However, increasing patient demand, workforce shortages and lengthy waiting times can create circumstances where mistakes occur.

Recent analysis by the BBC highlights a significant rise in clinical negligence claims relating to A&E treatment in England. Using data from NHS Resolution, the BBC reported a 41% increase in A&E clinical negligence claims over the past five years, rising from 1,151 claims in 2020/21 to 1,623 claims in 2025/26. The report noted that A&E is now the area of the NHS generating the highest number of clinical negligence claims, with the value of those claims exceeding £550 million in 2025/26.

Behind these statistics are patients and families whose lives have been profoundly affected by avoidable errors. The BBC article highlighted the case of 32-year-old Oli Coppock, whose hospital trust admitted a breach of duty after he attended A&E with headaches and dizziness but was discharged without a CT scan. A week later, he suffered a cardiac arrest caused by fluid building up on his brain and now lives with near-total paralysis. His case illustrates the potentially devastating consequences that can arise when opportunities to diagnose and treat serious conditions are missed.

When does an A&E error become clinical negligence?

To bring a successful clinical negligence claim, it is not enough to show that a mistake occurred or that treatment was unsuccessful.

A claimant must generally prove:

Breach of duty – that the care provided fell below a reasonable standard expected of a competent healthcare professional.
Causation – that the substandard care directly caused avoidable injury or worsened the patient’s outcome.

This often requires independent expert medical evidence from specialists in emergency medicine and any other relevant field.

How Wollens can help

At Wollens, our Clinical Negligence team has extensive experience investigating claims arising from emergency department treatment.

We understand that bringing a claim is often about more than compensation. Many clients want answers, accountability and reassurance that lessons have been learned.

If you have concerns about the care you or a loved one received in A&E, our specialist team can provide clear, compassionate advice about your options.