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Accident & Emergency claims

Clinical Negligence

At Hay & Kilner, we have one of the leading Clinical Negligence teams in the North East & Cumbria, dedicated to helping victims of all types of Accident & Emergency claims.

Accident & Emergency Departments are hectic, stressful environments where medical staff have to make decisions whilst under pressure. They deal with patients who have suffered trauma or suddenly developed a medical condition. Examples of A&E claims Hay & Kilner have been instructed on include missing the symptoms of a heart attack, the sign of a fracture, or an object within a wound. We have also acted for clients who have alleged poor cleaning of a wound, late diagnosis, a failure to refer for tests and incorrect diagnosis.

Here are some examples of our settled and current accident & emergency claims:

Failure to diagnose pneumonia

Hay & Kilner settled a claim for £200,000 on behalf of the Estate of our client’s late wife, who became ill with a fever, chest tightness, overall body pain, sore throat and dehydration. She attended Accident and Emergency at the local hospital and an ECG demonstrated an abnormal rapid heart beat. Bloods were not taken and a chest X-ray was not performed. Our client’s late wife was incorrectly diagnosed with a viral illness and discharged from hospital. She continued to deteriorate and collapsed four days later and died. It was successfully argued that the hospital failed to perform a chest X-ray, which would have confirmed a diagnosis of pneumonia. Antibiotics would have been administered, which would have prevented her death.

Failure to correctly clean a facial wound

Hay & Kilner recently settled a claim for £10,500 on behalf of a child who brought a claim through her mother. Our client was dissatisfied with the treatment provided in hospital following a fall whilst horse riding. It was alleged that there was a failure to correctly clean a facial wound, as a result of which our client required corrective laser surgery.

Failure to diagnose septicaemia

Hay & Kilner are currently acting for a client whose sister passed away following allegedly substandard treatment provided at an Accident and Emergency Department. It is alleged that our client’s late sister was discharged on two separate occasions without adequate investigations having been undertaken. Our client’s sister tragically died from septicaemia caused by untreated infective endocarditis, an infection of the blood affecting the heart valves. It is alleged that had adequate investigations been performed, the infection would have been identified and appropriate antibiotic treatment would have been given. This would have prevented the development of septicaemia, which caused her death. Hay and Kilner are instructed by her brother to pursue a Dependency claim on behalf of her four children.

Failure to diagnose a fracture of the jaw

Hay & Kilner are currently investigating a claim in which a police officer received a misdiagnosis after being assaulted on duty. He suffered injuries to his jaw and a finger. It is alleged that there was a failure by Accident and Emergency staff to diagnose a fracture of the jaw. As a result of the delay in diagnosis, corrective surgery is unlikely to be successful and therefore his ongoing symptoms will be permanent.



  • "Very methodical and skilled in their work & Very thorough in the way that they research and prepare cases."

    - Chambers & Partners

  • "One of the most experienced and professional Clinical Negligence firms in the North East."

    - The Legal 500

  • "Hay & Kilner has a great team of very capable Clinical Negligence lawyers who have a friendly and compassionate relationship with their clients."

    - The Legal 500

  • "Clients think the world of them."

    - The Legal 500

  • "The Clinical Negligence Team at Hay & Kilner was recommended to me because of their excellent reputation handling claims. In light of my own experience with the team, I can confirm how well deserved that reputation is."

    - Client of our Clinical Negligence Team

  • "Lauren Hall & Helen Morland handled every aspect of my claim with care, thoughtfulness and great efficiency. They were able to allay any concerns I had by clearly explaining the processes involved. Helen secured a settlement for me which surpassed my hopes and I cannot thank her and Lauren enough."

    - Client of our Clinical Negligence Team

  • "Hay & Kilner has an excellent grasp of clinical negligence law and an excellent manner with clients."

    - The Legal 500

  • "It's unquestionably one of the major players in the region."

    - Chambers & Partners