Callers to our free medical accident helpline often ask, ‘Can I claim compensation for an ambulance delay?’ Our medical negligence team takes a look at the legal position.
If you are looking for experienced legal guidance on making an ambulance delay compensation claim on a No Win – No Fee basis then our Legal 500 recommended team is here to help. Call our free helpline for a case review on 0333 888 0412 or send an email to [email protected]
The short answer is that you can claim compensation for an ambulance delay in England and Wales where that delay results in you suffering harm or injury.
The legal basis for recovering compensation for an ambulance delay is primarily grounded in the principles of negligence. The ambulance service can be held liable for ‘negligence’ if it fails to arrive within a reasonable time after accepting a call.
The courts will treat the ambulance service as being part of the national health service, and impose on it a duty that is similar to the duty of care owed to patients by hospitals and doctors.
A causative link must be established between the delay in the ambulance’s arrival and your subsequent harm (physical or psychological). Once established then the court can award compensation for the injury caused by the delay.
The degree to which a patient’s condition has been exacerbated or made worse by the ambulance delay can sometimes be challenging. Delayed medical treatment cases often involve multiple causes, and expert evidence may be required to establish the precise degree to which your injuries are due to the delay, rather than unrelated causes. Once this is established then the ambulance service will be typically liable to compensate you for the additional harm suffered due to their negligence.
So, the answer to the question, ‘Can I claim compensation for an ambulance delay?’ is that you can do so, provided the ambulance service breached its duty by failing to arrive within a reasonable time, and that their delay has directly caused you physical or psychological injury.
To find our exactly where you stand on recovering compensation, contact our free medical accident helpline. We will review your case free of charge and provide you with details of our popular no win, no fee funding scheme.
Read our case study about how an ambulance delay resulted in the death of a young student.