In May 2024, a patient presenting to Warrington Hospital’s emergency department with headaches and dizziness following brain tumor treatment did not receive a brain scan before discharge. One week later, he suffered cardiac arrest due to fluid buildup on the brain and has since lived in near-total paralysis, communicating only through blinking and requiring tube-assisted breathing, feeding, and toileting.
The treating NHS trust subsequently acknowledged a breach of duty in failing to order a CT brain scan, which likely would have detected the fluid accumulation and enabled preventive surgery. An interim damages payment was agreed following more than two years of proceedings. The patient’s legal representative noted the extended timeline deprived him of funds for therapies that could have enhanced his quality of life during that period.
The case reflects a broader pattern affecting England’s emergency medicine landscape. BBC analysis of NHS Resolution data found more than 1,623 A&E-related clinical negligence claims in 2025-26, compared with 1,151 in 2020-21, representing a 41% increase. These claims now constitute the largest category of clinical negligence cases by volume, with total claim values exceeding £550m in the most recent year. Common error patterns include failure to recognize acute patient deterioration, omission of necessary diagnostic tests, and diagnostic errors.
The Royal College of Emergency Medicine attributed the rise to mounting departmental pressures and extended waiting times, noting that one in 10 A&E patients waited more than 12 hours for treatment or discharge over the preceding two years. However, clinical negligence incidents remain statistically uncommon, occurring in approximately one per 17,000 attendances. NHS leadership emphasized that claim numbers reflect historical incidents with typical three-year reporting lags and cited recent indications of improving A&E wait times.
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