If a negligent ambulance response results in avoidable harm to the patient, it may be possible to make an ambulance delay compensation claim.
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Ambulance Delay Claims
If an ambulance failed to respond within a reasonable timeframe and this caused an avoidable injury or death, you may be eligible to make an ambulance delay claim.
Ambulance services are essential in critical situations, and a duty of care is owed to patients once an emergency call is accepted.
Specialist medical negligence solicitors understand the significant impact a delayed ambulance response can have. They can help you start a claim for compensation and handle every step of the claims process, allowing you to focus on your recovery and your loved ones.
Call 0800 470 0472 today for a free case assessment or request a call back to find out within minutes whether you may be eligible for compensation.
Table of Contents
What is an ambulance delay claim?
An ambulance delay claim is a type of medical negligence claim that can be initiated when an unreasonable delay in emergency care leads to avoidable harm or the worsening of your medical condition. This may include delays in:
- Dispatching an ambulance.
- Arriving at the scene.
- Providing urgent treatment.
- Transporting the patient to the hospital.
Claims for an ambulance delay can be made against both the NHS and private ambulance services. To succeed, it must be shown that the delay fell below acceptable standards and directly caused avoidable harm.
Can I make an ambulance delay compensation claim?
Yes, you may be able to claim compensation for a negligent ambulance response if the following can be established:
- The ambulance service accepted your emergency call.
- There was an unreasonable delay, given the call’s priority.
- The delay caused you an avoidable injury, a worse outcome or emotional distress.
- The harm was avoidable with timely care.
A free consultation over the phone with a medical negligence solicitor is enough to assess your case and your eligibility for compensation.
Are ambulance services liable for delays?
Ambulance delays are not always considered medical negligence. They become negligent when the delay falls below the accepted standard of care, is not justified and directly causes avoidable harm.
A duty of care is typically established when an emergency call is accepted, and it requires the emergency services to:
- Respond within a reasonable timeframe.
- Screen calls correctly and prioritise life-threatening cases.
- Assess patients properly and recognise red flag symptoms.
- Provide adequate care and treatment at the scene.
- Decide whether hospital care is needed.
- Transport patients safely to the hospital when necessary.
A breach of any of these duties may entitle you to make an ambulance and paramedic negligence claim.
What is the time limit to start a medical negligence claim?
Under the Limitation Act 1980, you must start a claim within three years from the date the negligence occurred or from when it was discovered (the date of knowledge). Below are a few exceptions:
- A child injury claim can be made by a parent or legal guardian anytime before the child turns 18.
- If the claimant is incapacitated and cannot start a claim, the time limit is suspended, and a litigation friend could represent them at any time.
- A fatal injury claim can usually be made on behalf of someone who passed away due to medical negligence within three years after their death, subject to the court’s discretion and any earlier date of knowledge.
How do I claim compensation for a late ambulance response?
If you want to claim for ambulance negligence, the first step is an initial assessment of your case by a specialist personal injury solicitor. If you are entitled to claim compensation, the next steps of the claims process are:
1. Gather supporting evidence, such as emergency call logs, medical records and witness statements.
2. Obtain an independent medical report from a specialist who will determine whether you received substandard care and its long-term impact.
3. Send a letter of claim to the defendant outlining the allegations of negligence and the compensation you seek.
4. Negotiate a compensation settlement if the defendant admits liability.
5. Issue court proceedings and prepare for a court trial if liability for your injury is denied.
How much compensation can I claim for an ambulance delay?
There is no set amount of compensation awarded for cases of ambulance delay in medical emergencies. The compensation you could receive will depend on the severity of your injuries and will cover two types of damages:
- General damages, awarded for pain, suffering and loss of amenity.
- Special damages for lost earnings, care costs, rehabilitation and other financial expenses.
The compensation award for general damages is based on the 18th Edition of the Judicial College Guidelines. Depending on the type and severity of the harm suffered, compensation can range from a few hundred pounds up to £534,000 for very severe brain damage.
The final settlement will also include special damages and can result in substantial awards for severe cases of negligence. You can use our free online compensation calculator to get an estimate of your claim’s value within minutes.
Can I make an ambulance negligence claim with a no win no fee solicitor?
If you suffered avoidable harm due to a delayed ambulance response, our medical negligence team will help you secure the compensation you deserve on a no win no fee basis. This means that there is nothing to pay upfront, and there are no financial risks because:
- You only pay your solicitor a success fee after you are awarded compensation for the clinical negligence.
- If your claim is unsuccessful, you won’t pay your solicitor at all, so you will not be left out of pocket.
The success fee is agreed upon from the beginning and can’t exceed 25% of certain parts of your compensation (such as damages for your injury and past financial losses).
Frequently asked questions
- Category 1 (life-threatening): should arrive within 7 minutes and no later than 15 minutes.
- Category 2 (emergencies such as stroke or heart attack): should arrive within 18 minutes and no later than 40 minutes.
- Category 3 (urgent calls): should arrive within 2 hours.
- Category 4 (less urgent): should arrive within 3 hours.
- Incorrect triage of call category.
- Failure to recognise red-flag symptoms.
- Dispatch errors.
- Lack of available staff or ambulances.
- Poor staff training and a lack of resources.
- Poor coordination between services.
- Road and traffic conditions.
Not all delays are negligence, but avoidable delays can give rise to a compensation claim.
- Note down the time of your call and the time the ambulance actually arrived.
- Record any deterioration in the patient’s condition while waiting for the ambulance.
- Take photos or videos showing the changes in the patient’s condition.
- Seek medical care as soon as possible to have your condition diagnosed and treated.
- Misdiagnosis of stroke or heart attack.
- Cauda equina syndrome misdiagnosis.
- Brain or spinal cord injuries.
- Severe bleeding or damage to internal organs.
- Sepsis negligence.
- Serious allergic reactions and anaphylactic shock.
- Severe asthma attacks.
- Deep vein thrombosis and blood clots.
- Pulmonary embolism.
- Amputations and long-term disability.
- Worsening of injuries or illness.
- Permanent disability, such as paralysis or amputation.
- Increased recovery time and the need for prolonged treatment.
- Increased risk of severe complications.
- Psychological trauma.
- Fatal outcomes.
- A child under the age of 18.
- An adult who lacks their mental capacity and cannot handle a claim themselves.
To make a delayed ambulance claim on their behalf, you must first apply to the court to be appointed as their litigation friend.
Read more about the process here: What is a litigation friend?
- Loss of financial dependency.
- Loss of services.
- Reasonable funeral costs.
- A bereavement award of £15,120.
Start your ambulance delay claim today!
If you or a loved one has suffered harm due to an ambulance delay, you may be entitled to compensation. A specialist ambulance delay solicitor can help you understand your legal rights and claim the compensation you are entitled to.
Seeking early advice can help preserve evidence, ensure you start your claim within the legal time limit and maximise your chances of success. To get started, call 0800 470 0472 today for a free case assessment or request a call back.
