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If I have an A&E treatment case?
Establishing if you have a case for making an A&E treatment claim involves, in essence, the same process as any other claim for medical negligence. It is first necessary to show that there was a breach of the duty of care owed to you by the attending A&E medical staff (i.e. the doctors or other staff were negligent).
The onus will then be on us to prove that it was those breaches of duty of care (i.e. those negligent mistakes) that caused or materially contributed to the medical harm or injury that you have suffered.
The issue of whether you were properly advised of the risks of the treatment before giving your consent to the treatment (informed consent) can still be a factor in A&E claims. There can, however, be occasions, when, for example, a patient is unconscious and therefore incapable of giving consent to what may be necessary and potentially life-saving procedures that must be carried out immediately.
It is undeniable that A&E departments are extremely busy places for doctors and nurses. However, this does not mean that negligent or substandard treatment is acceptable. If you have not received a reasonable level of treatment and care and suffer harm or an injury as a result of that failing in care, then you may have grounds to make a medical negligence claim.
As with any medical negligence case, there are time limits within which you can claim, so it is advisable that you act as soon as is practicable. Access Legal can give you free initial advice about whether an A&E treatment claim for compensation is possible.