Clinical negligence claims relating to A&E care in England have risen by 41% over the past five years, according to a BBC analysis. Doctors are linking this increase to the long delays and pressures experienced in emergency departments.
In 2025-26, there were more than 1,623 A&E-related clinical negligence claims in England, compared to 1,151 in 2020-21. A&E is now the largest area for clinical negligence claims by number, with the value of these claims surpassing £550 million last year.
The Royal College of Emergency Medicine (RCEM) expressed concern about the rise, attributing it to increasing pressure and delays in A&E. Dr Adrian Boyle of RCEM noted that one in 10 patients attending A&E over the last two years waited more than 12 hours for treatment or discharge.
NHS Resolution, which supports NHS trusts with these claims, stated it is taking action on the "high volume" of claims and has published reports to help the NHS learn from mistakes. These mistakes include missing signs of patient deterioration, failing to order necessary tests, and incorrect diagnoses.
One case highlighted is that of Oli Coppock, who in May 2024 was sent home from Warrington Hospital's emergency department without a brain scan despite having a history of a brain tumour and recent multiple sclerosis diagnosis. A week later, he suffered a cardiac arrest due to fluid build-up on his brain and now lives in almost complete paralysis. North Cheshire and Mersey NHS Foundation Trust has accepted a breach of duty for not ordering the CT brain scan.