Imagine this scenario; you've attended your local A&E unit feeling very unwell following an assault where you have sustained a strike to the head. You have been informed by the receptionist that you'll have to wait 4-5 hours to be seen by anyone and, somewhat reluctantly, take your seat and wait. After 20 minutes you decide not to wait any longer and leave for home. Sadly, once you get home your condition deteriorates and you are left with permanent brain damage as a result of a haematoma (blood clot) sustained in the assault. 

Now imagine that, on arrival, you are told by the receptionist that you will be seen by the triage nurse within 30 minutes and chances are you will be much more willing to stay and wait. You are seen by a triage nurse who recognises the seriousness of your injury and you are treated much quicker which results in a very near full recovery. To some this may seem far-fetched, however, these scenarios are based on a real case that was brought before the Supreme Court in October 2018. In this case the Trust was found negligent in failing to convey the correct information regarding waiting times to a patient, Mr Darnley, on his arrival at A&E.

It is no secret that A&E departments are feeling the squeeze at the moment with waiting times on the rise, however, what was crucial in this case is that Mr Darnley was given information that was inaccurate and misleading. Mr Darnley was able to prove to the court that if he had been correctly informed about the waiting times he would have stayed. He would have been seen within about 30 minutes and would have quickly received the treatment that he needed in hospital and avoided the brain damage.

Anyone who works for a hospital, including the A&E Department, is under a duty to provide a service that is of a reasonable standard; this can include ensuring that patients are provided with accurate information, carrying out the appropriate tests, making a timely diagnosis or making the appropriate referrals. As we saw in Mr Darnley’s case, this does not always happen, and in some cases this can have serious and life-changing consequences for patients and their families. 

Bringing a claim is not straightforward as there are a number of tests you need to satisfy. Firstly, you need to show that the treatment you received fell below a reasonable standard. Secondly, you need to show that you have suffered harm as a result of that treatment. Sometimes things can be unavoidable and can happen despite receiving appropriate treatment. If we are able to prove a claim then we can try and obtain compensation for you, and this is done with the aim of trying to put you back in the position that you were in, or as close as possible to, before you sustained the injury.

Here at Jackson Lees our dedicated team of lawyers have the skills and knowledge to guide you through a claim, give a helping hand in times of distress and provide a source of comfort during what can be an emotional time for you and your family.

For a free consultation with one of our legal team call us on 0800 387 927 or message us your enquiry.