A&E Treatment Medical Negligence

The A&E department of a general hospital is usually the busiest part of the hospital but unfortunately is prone to be the most chaotic.

 We are all familiar with reports of overcrowding, serious delays, under staffing and antisocial behaviour to name but a few. It comes as no surprise to find that patient care in the setting of the A&E department can often be less than adequate. Care is often administered in the late hours by exhausted staff who are, in effect, the first responders. Inadequacy is not negligence however and medical negligence is very specific. There has to be a deviation to the norm, a deviation of the standard to be expected and harm caused.

Mistakes can however occur which are negligent resulting in serious consequences for patient care. The duty of care must have been breached.

Examples of errors which can result in negligence

1.  The hospital fails to admit you for treatment, and you are sent home but became seriously ill later that day.
2. A mistake was made in taking your medical history and important information was overlooked causing you to suffer more in the treatment process.
3. The medical staff failed to examine you properly or did not take any notes detailing your symptoms.
4. The medical staff failed to carry out the correct investigations such as taking blood tests, scans, x-rays.
5. Failing to operate on you when required causing ongoing issues with your health.
6. Making an error during surgery causing significant injury.
7. Failing to document a deterioration in your condition causing serious health issues further down the line.
8.  Providing an inadequate level of care by neglecting you or not providing the necessary standard of care in any surgery.
9. The patient repeatedly reattends the A&E unit for same symptoms and there is a failure to diagnose the central issue, failure to carry out the correct tests.

Patient Safety Incident and Open Disclosure

Here is the HSEs open disclosure policy document.

Proving Medical Negligence in an A&E setting

As the evidence evidently involves medical, medical expert from independent doctors must be presented and sought in such a case.

To succeed in such a legal case one must prove :

1. A duty of care exists between the hospital staff and patient
2. This duty was breached vis a vis substandard card &
3. This breach directly caused the patient harm

     These three components must be satisfied in essence to win the case.

Damages

      Damages in medical negligence cases are divided between :

1. General damages are to compensate you for the pain and suffering you have endured and into the future if applicable. The parameters of such awards are set out in the Personal Injury Guidelines.
2.  Special damages are award to refund you any losses incurred during or after the negligent event. This will include all your medical expenses, loss of income, travel costs and future costs for any long-term care etc.