The short version
- Clinical negligence claims related to emergency departments in England have risen by 41 percent over the past five years.
- The North Cheshire and Mersey NHS Foundation Trust admitted fault in a case where a patient suffered permanent paralysis after missing a critical brain scan.
- Medical experts attribute the increase in errors to severe staffing pressures, extended waiting times, and the reliance on corridor care.
Emergency departments across England are facing a significant escalation in clinical negligence claims, with data revealing a forty-one percent increase over the last five years. This trend has positioned A&E as the single largest area for such legal actions within the National Health Service. The surge underscores deepening concerns about patient safety amid chronic operational pressures, including severe staffing shortages and extended waiting periods that have become commonplace in recent years.
The human cost of these systemic failures is illustrated by the case of Oli Coppock, a thirty-two-year-old digital marketing professional from Warrington. In May 2024, Coppock visited the emergency department at Warrington Hospital reporting severe headaches and dizziness. Despite his history of a brain tumor and a recent diagnosis of multiple sclerosis, medical staff did not order a brain scan. He was sent home without further imaging, a decision that proved catastrophic.
A week after leaving the hospital, fluid had built up in Coppock’s brain, leading to cardiac arrest. He did not recover fully and now lives in a state of near-total paralysis. His family describes his condition as a permanent nightmare, noting that he requires tubes for breathing, feeding, and toileting. Communication is limited to blinking, though his father believes he remains aware of his surroundings. The incident has left his family and six siblings devastated by what they describe as an avoidable error.
The North Cheshire and Mersey NHS Foundation Trust, which operates the hospital, has accepted a breach of duty regarding the failure to order a CT scan. Officials stated that such a scan would likely have identified the fluid buildup, allowing for surgical intervention. The trust issued an apology, acknowledging the distress caused to patients and their families when care standards are not met. An interim damages payment has been agreed upon, though legal proceedings continue.
Coppock’s solicitor, Tanzeela Aslam, highlighted that the two-year duration of the case exacerbated the harm by delaying access to funds for therapies that could have improved her client’s quality of life. She noted a broader pattern of preventable errors in emergency settings, linking them to the increasing reliance on corridor care and misdiagnoses that result in serious injury or death. Her observations align with wider industry concerns about the sustainability of current A&E operations.
Analysis of NHS Resolution figures shows that more than 1,623 A&E-related negligence claims were filed in the 2025-26 period, up from 1,151 in 2020-21. The financial value of these claims exceeded £550 million last year. While not all claims result in payouts—damages are awarded in roughly half of cases—the sustained upward trajectory is alarming to experts. This increase is distinct from trends in other specialties like maternity or orthopaedics, suggesting specific vulnerabilities within emergency care pathways.
The Royal College of Emergency Medicine has expressed concern over the statistics, linking them directly to the intense pressure on departments. Dr. Adrian Boyle of the RCEM described the figures as sobering but not surprising given the current environment. He pointed out that one in ten patients attending A&E recently spent more than twelve hours waiting for treatment or discharge. These delays contribute to a high-stress environment where errors are more likely to occur.
The data indicates that the low point in claims during 2020-21 was not related to pandemic-era behavior changes, as it typically takes three years for a claim to be submitted. Instead, the recent rise reflects ongoing structural issues within the health service. As pressures on staffing continue to mount and patients remain in departments longer, the risk of clinical error appears to be increasing. The situation demands urgent attention to prevent further harm to vulnerable patients seeking emergency care.
While some historical periods saw higher claim rates per attendance, the current sustained increase is causing renewed alarm among healthcare professionals. The concentration of negligence claims in A&E suggests that emergency departments are bearing the brunt of systemic failures. Without significant improvements in staffing levels and operational efficiency, the cycle of error and litigation is likely to continue, placing both patients and providers under immense strain.
Sources behind this briefing
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