Being sent home from A&E is not automatically medical negligence. However, if a hospital discharges a patient without properly diagnosing or investigating serious symptoms, and the patient later suffers harm, it may be possible to bring a medical negligence claim.
In the UK, concerns about missed diagnoses and deterioration in hospital have led to major patient-safety reforms, including Martha’s Rule. This initiative allows patients and families to request an urgent second opinion if they believe a patient’s condition is worsening and their concerns are not being addressed.
NHS trusts are currently implementing Martha’s Rule nationwide, with full implementation expected by March 2027.
This article explains when being sent home from A&E could amount to medical negligence, how Martha’s Rule may change patient safety in the future, and when you may be able to make a claim for A&E negligence.
Can you sue a hospital for sending you home from A&E?
Yes, you can potentially sue a hospital if you were wrongly discharged from A&E and suffered avoidable harm as a result.
A medical negligence claim generally requires proof that:
- The hospital breached its duty of care, and
- The breach caused avoidable injury, illness, or deterioration.
Examples could include:
- Failure to diagnose a serious condition
- Ignoring warning signs or abnormal observations
- Discharging a patient without appropriate tests
- Failure to escalate a deteriorating patient
If a patient later becomes seriously ill because these steps were missed, a legal claim may be possible.
When does being sent home from A&E become medical negligence?
Hospitals are not negligent simply because a diagnosis was difficult or symptoms were unclear. However, negligence may occur when clinicians fail to follow reasonable medical practice.
Examples may include:
- Discharging a patient with clear red-flag symptoms
- Failure to perform appropriate tests (blood tests, imaging, ECG)
- Ignoring abnormal observations such as a high early warning score
- Failing to investigate possible infections such as sepsis
- Failure to refer to a specialist
In these situations, the issue is whether a competent doctor would have acted differently.
Common conditions missed after A&E discharge
Many medical negligence claims arise when patients are discharged and later diagnosed with serious conditions.
Examples include:
- Sepsis
- Heart attacks
- Meningitis
- Appendicitis
- Pulmonary embolism
- Internal bleeding
These conditions can initially present with non-specific symptoms, making careful clinical assessment essential.
What is Martha’s Rule?
Martha’s Rule is a major NHS patient-safety initiative designed to improve how hospitals respond when a patient’s condition deteriorates. It was introduced after the death of 13-year-old Martha Mills, whose deteriorating condition was not escalated despite concerns from her family.
The rule allows patients, families and staff to:
- Request an urgent second clinical review
- Escalate concerns if deterioration is not being recognised
- Speak directly with a critical care outreach team
The goal is to ensure concerns about a patient’s condition are heard and acted upon quickly.
How will Martha’s Rule affect A&E negligence claims?
Currently, Martha’s Rule primarily applies to hospital inpatients, but NHS pilots are exploring its use in other settings, including emergency departments. By 2027, all NHS trusts must implement the rule as part of the NHS Standard Contract.
If fully implemented in emergency settings, it could:
- Give patients a formal right to request a second opinion
- Allow families to escalate concerns about discharge decisions
- Reduce cases where deterioration is missed
However, even with Martha’s Rule, hospitals will still be responsible for ensuring that discharge decisions are safe and clinically justified.
What should have happened before discharging a patient from A&E?
Before sending a patient home, clinicians should usually:
- Conduct a full clinical assessment
- Review vital observations
- Consider serious diagnoses
- Order appropriate investigations if needed
- Provide safety-netting advice
Safety-netting advice means explaining:
- Warning signs to watch for
- When to return to hospital
- When to seek urgent medical help
Failure to provide appropriate safety-netting can sometimes form part of a negligence claim.
What evidence is needed for an A&E negligence claim?
If someone believes they were wrongly discharged from A&E, evidence may include:
- Hospital medical records
- A&E triage notes
- Observation charts
- Test results
- Ambulance records
- GP records
- Independent medical expert reports
A specialist solicitor will usually review the timeline of events to determine whether earlier diagnosis or treatment would likely have prevented harm.
What compensation can be claimed for A&E negligence?
If negligence is proven, compensation may include:
- Pain and suffering
- Loss of earnings
- Future medical care
- Rehabilitation costs
- Travel and treatment expenses
In serious cases, compensation may also cover long-term disability or ongoing care needs.
FAQs about suing if a hospital has sent you home from A&E
Can I sue if a hospital misdiagnosed me and sent me home?
Yes. If a hospital misdiagnosed your condition and the error caused avoidable harm, you may be able to bring a medical negligence claim.
Is it common for A&E to send patients home incorrectly?
Emergency departments treat large numbers of patients quickly, and most discharge decisions are appropriate. However, mistakes can occur, particularly when symptoms are atypical or evolving.
How long do I have to bring a medical negligence claim?
In most UK cases, the time limit is three years from the date of negligence or from when you first realised harm occurred.
Can families bring claims after a death caused by A&E negligence?
Yes. If a patient dies due to negligent medical care, family members may be able to bring a fatal medical negligence claim.
Contact our A&E claims experts today
If you or a loved one have experienced poor treatment in A&E and wish to discuss a potential claim, we encourage you to call us free on 0808 164 0808 today.
