A&E clinical negligence claims jump 41% in five years

New figures show a 41 per cent rise in clinical negligence claims involving accident and emergency departments in England over the past five years. The increase has prompted concern from emergency doctors, who say it reflects growing pressures on hospitals and staff, although they stress that such claims remain rare.

BBC analysis of data from NHS Resolution, which supports NHS trusts with legal claims, found there were more than 1,600 A&E-related clinical negligence claims in 2025-26 in England. The total value of those claims was £556 million. Not all claims result in damages being paid; that happens in about half of cases. There were also points during the 2010s when the number of claims was higher per A&E attendance, but the sustained increase since 2020 is causing concern.

The pattern is not being repeated in other areas, such as maternity or orthopaedics.

The human impact of such cases is illustrated by the story of Olly Kopock, a 34-year-old man who went to Warrington Hospital's A&E in May 2024, a few months after treatment for a brain tumour. He felt unwell with bad headaches and dizziness, and had recently been diagnosed with multiple sclerosis. Tests and assessments were done, but no brain scan. He went home. A week later, with fluid building up on his brain, he suffered a cardiac arrest and now lives in almost complete paralysis, communicating by blinking.

His family described the devastation. "It's shocking, it's beyond horrible. He just lies there and that's all he can do. He can't move, he can't do anything, but your brain's fine," said a relative. "He can remember things unprompted, you know. So he knows what's going on, knows exactly what's going on."

The NHS trust that runs Warrington's A&E has admitted a breach of duty for not performing a CT scan. In a statement to the BBC, the trust said: "We are deeply sorry that Mr Kopock did not receive that standard of care that should have been expected and we recognise the distress and lasting impact on patients and their families when harm is caused."

The Royal College of Emergency Medicine called the figures sobering but unsurprising. One representative said: "They're sobering statistics, but they're unsurprising. I'd like to reassure the public that these are relatively rare, so the service is largely safe. However, the increase is a concern and it's not surprising when you see how busy our departments are."

NHS Resolution said it was taking action on the high volume of A&E claims and had issued guidance to hospitals about the most common problems.