Clinical negligence claims related to emergency departments (A&E) in England have seen a concerning rise in recent years, according to BBC analysis of data. While claims have occurred historically, a sustained increase over the past five years is raising alarms among experts.
This pattern is not mirrored in other areas of healthcare, such as maternity or orthopaedics. The dip in claims observed in 2020-21 is believed to be unrelated to patient behavior during the COVID-19 pandemic, as claims typically take around three years to be submitted.
The Royal College of Emergency Medicine (RCEM) has expressed worry over the trend, attributing it to escalating pressure and prolonged waiting times in A&E departments. Over the last two years, one in ten patients attending A&E experienced waits exceeding 12 hours before receiving treatment or being discharged.
Dr. Adrian Boyle of RCEM described the figures as "sobering," stating, "This is a concern. But it is not surprising when you see how busy departments are. People are staying longer and pressure on staffing is increasing."
Despite the rise, clinical negligence cases remain relatively infrequent, occurring in approximately one in every 17,000 attendances. NHS Resolution, an organization that assists NHS trusts with such claims, acknowledged the "high volume" of cases and stated it is taking action, including publishing reports to help the NHS learn from errors.
Common mistakes identified include failing to recognize acute patient deterioration, neglecting to order necessary tests and scans, and misdiagnoses. NHS England indicated that there are signs of improvement in A&E waiting times and noted that many of these claims pertain to older, historic cases.
Matthew Hopkins, representing hospitals within NHS Alliance, assured that health officials are "making every effort is made to ensure safe, high-quality care, and that lessons are learned when that falls short."
The issue has had a profound personal impact, as illustrated by the case of Oli, a 32-year-old whose life has been significantly affected due to alleged failures in basic care at an A&E department. His father, Stephen, shared that "every waking hour" is spent worrying about his son, emphasizing that "this is about doing the basics right. They failed Oli."