Claim Compensation for an Ambulance Delay

When Urgent Help Arrives Late

If you have suffered because an ambulance failed to show up or arrived late, you may be entitled to claim compensation for an ambulance delay. Ambulance delays tend to happen due to different reasons from high call volumes, traffic congestion or bad weather conditions.

However, you may be able to file a medical negligence claim. An ambulance delay claim has to show that the negligence caused your injuries to worsen. Additionally, that this led to further suffering or complications which would not have otherwise occurred.

Ambulance delay claims often involve time-critical emergencies, for example heart attacks, strokes, severe trauma or even a severe allergic reaction. So if you think an ambulance delay worsened your condition, or that of a loved one, you should get legal advice about potential compensation.

At Jefferies Claims, we partner with lawyers who have considerable experience in medical negligence and who work on a ‘No Win, No Fee’ basis.

 

Why Do Ambulance Delays Happen?

It is important to know that not every ambulance delay may result in a claim for compensation. However avoidable or negligent delays that lead to harm may meet the criteria for a claim.

Here are a few common causes as to why ambulances may be delayed after an urgent call for help:

• High call volumes and overstretched NHS resources
• Traffic congestion or poor weather conditions
• Dispatch errors
• Staffing shortages
• Misdiagnosis by call handlers (triage errors)

Can You Claim Compensation for Ambulance Delays?

Here are the key factors which are considered regarding ambulance delays:

• Resulted in worsened medical conditions
• Caused avoidable pain or suffering
• Led to death or long-term disability
• Had financial consequences (e.g. lost earnings, travel costs, additional care)

However, simply being unhappy about a delay may not be enough. You must be able to prove a clear link between the delay and your negative outcome. For a claim to succeed, you typically need to prove:

• There was negligence on the part of the ambulance service or NHS
• The negligence directly caused harm or loss

How to Claim Compensation for an Ambulance Delay

Ambulance services are a crucial part of emergency healthcare. However, when you or a loved one experiences a medical emergency, it could be a case of every second counts.

Unfortunately, there are times when ambulances are delayed which result in serious consequences. So if you’ve suffered physically, emotionally or financially due to an ambulance delay, here are your next steps:

Step 1: Collect Evidence

Time was of the essence and accurate documentation can significantly strengthen your case.

. So, gather as much evidence as possible, including:

• Date and time of the incident
• Ambulance call logs or records
• Witness statements
• Hospital or GP records showing how your condition worsened
• Photographs or videos (if applicable)
• Financial records (e.g. proof of lost wages, travel costs)

Step 2: Make an NHS Complaint

Before starting legal action, it’s often recommended to submit a formal complaint through the NHS complaints procedure.

To do this, you will need to contact the Patient Advice and Liaison Service (PALS) of the relevant NHS trust. A complaint in writing should be filed within 12 months of the incident. Clearly explain what happened, why you were unhappy and what you want to be done about it. The NHS is required to respond within a reasonable time frame.

Step 3: Speak to a Medical Negligence Solicitor

If your complaint doesn’t resolve the issue or you’ve suffered significant harm, the next step is to consult a solicitor who has experience in medical negligence. A solicitor will assess your evidence and the value of your claim, as well as helping you to obtain independent medical reports.

Preferably contact a ‘No Win, No Fee’ lawyer, which minimises your financial risk.

Step 4: File a Compensation Claim

If your solicitor believes you have a strong case, they will initiate a legal claim against the NHS trust or ambulance service.

 

How Much Compensation Can You Receive?

Compensation for ambulance delays varies significantly depending on the severity of the harm caused and the financial losses incurred.

 

FAQs About Ambulance Delay Compensation

1. How long do I have to make a claim for ambulance delay compensation?

In most cases, you have three years from the date of the incident or from the date you first became aware that negligence may have caused harm.

There are exceptions to this rule for children where the time limit starts at age 18. Furthermore, for individuals lacking mental capacity, the time limits may be extended.

2. Do I need to go to court to receive compensation?

Not necessarily. Most medical negligence cases, including ambulance delay claims, are often resolved through settlement negotiations before reaching court. A strong case supported by evidence and expert medical opinion may typically lead to an out-of-court agreement.

3. What is considered negligence in an ambulance delay claim?

Negligence occurs when the ambulance service fails to provide a reasonable standard of care. Examples of this may be dispatching a vehicle inappropriately late, making errors in triage, or failing to respond to an emergency within target response times.

Importantly that this failure leads to harm and must be proven to be avoidable.

4. Can I claim compensation on behalf of someone else?

Yes. You can claim on behalf of:

• A child
• Someone who has passed away (as a relative or estate executor)
• A person lacking mental capacity (under the Mental Capacity Act)

In each case, different legal rules may apply, so consulting medical negligence lawyer is advisable.

5. Will making a claim affect future NHS treatment?

No, making a compensation claim does not affect your right to receive NHS care. All patients are entitled to treatment regardless of whether they’ve made complaints or legal claims against an NHS trust or service.

Get In Touch

Starting a medical negligence claim for compensation may seem daunting and as it can be complex, you should contact a lawyer who is a medical negligence specialist.

At Jefferies Claims, we will guide you through the claims process. We partner with highly experienced lawyers who will assess all aspects of your case and who work on a ‘No Win, No Fee’ basis.

Contact Jefferies Claims today at 0333 358 3034 or complete our online contact form to arrange an initial no-obligation telephone consultation.