Ambulance delay compensation claims

If you’ve suffered avoidable harm due to a delayed ambulance response or paramedic negligence, you could be entitled to make an ambulance delay claim.

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Ambulance Delay Claims

Ambulance services are essential for medical emergencies and can make the difference between life and death. Both NHS and private healthcare services have a legal duty to attend to you within a specific time limit, depending on the severity of your injury.

If they fail to do so and your condition worsens or you suffer a new injury, their slow response could be classified as medical negligence. In such cases, a specialist solicitor can help you make an ambulance delay claim for medical negligence compensation.

If you want to find out whether you have a valid claim and how much compensation you could be entitled to, contact us today for a free consultation. Call 0800 470 0474 or arrange a call back.

Find out if you can claim

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Table of Contents

What is the Ambulance Response Programme?

The Ambulance Response Programme is a framework implemented by the NHS in 2017 to improve the efficiency and quality of responses to 999 and 111 calls. This programme aims to ensure that all patients receive care promptly and that medical resources are allocated effectively by placing emergency calls into four categories:

Category 1. Life-threatening injuries or illnesses that require immediate intervention or resuscitation, such as cardiac or respiratory arrest. For these calls, the response target is 7 minutes, and they are answered at least 9 out of 10 times within 15 minutes.
Category 2. Emergency calls regarding a potentially serious condition that needs urgent transport and a rapid medical assessment, such as chest pain or stroke. The average response target for these is 18 minutes, and the top 90% of responses are within 40 minutes.
Category 3. Urgent calls are related to issues that are not immediately life-threatening and may be treated on the spot by paramedics, such as a high fever or non-severe burns. At least 9 out of 10 times, these will be responded to within two hours.
Category 4. Less urgent calls for problems that may require assessment or transport to the hospital, such as urinary infections or diarrhoea and vomiting. These are typically responded to within three hours and may sometimes be referred to another service, such as a pharmacist or GP.

Assessing 999 calls based on these categories allows the most critical cases to be prioritised for immediate dispatch and helps reduce unnecessary ambulance responses.

What is an ambulance delay, and what impacts could it have?

An ambulance delay occurs when an ambulance fails to arrive at an emergency scene or transport a patient to a hospital or between hospitals within the appropriate timeframe, as detailed in the section above. When this results in avoidable harm to the patient, it may be considered medical negligence and lead to a personal injury compensation claim.

There are various injuries and illnesses that you could potentially claim for following an ambulance delay, including:

Brain injuries
Respiratory or cardiac arrest
Spinal cord injuries
Birth injuries
Severe fractures
Amputation
Asthma attacks
Severe bleeding
Heart attacks
Severe allergic reactions
Fatal injuries

If such emergencies do not receive prompt and effective treatment, the results could be significant and could include:

The worsening of a medical condition to the point where it causes irreversible organ damage or death;
Prolonged pain and distress while waiting for medical assistance;
Emotional trauma, which can lead to anxiety and post-traumatic stress disorder (PTSD);
A higher risk of complications associated with conditions like sepsis or internal bleeding;
Delayed recovery or permanent disability;
Brain damage due to prolonged oxygen deprivation, leading to permanent cognitive disabilities;
Amputation due to restricted blood flow to the injured area;
Permanent nerve damage and paralysis with conditions such as cauda equina or stroke;
Birth injuries to the mother or baby.

If you or a loved one suffered any harm because you did not receive the urgent medical attention you needed, you could be entitled to claim compensation.

What can cause ambulance or paramedic delays?

Depending on the type of medical circumstances, you can expect to wait between several minutes and a few hours for an ambulance to arrive. The more severe the emergency, the sooner you should receive medical assistance. It is never acceptable to wait longer than you should, based on the category of your emergency call. However, delays can sometimes occur.

Here are some of the most common causes of ambulance delays:

Dispatch errors, such as misclassifying a medical urgency or giving the wrong address to the paramedics;
High demand during peak times, which can overwhelm the available resources;
A shortage of paramedics, ambulances or support staff;
Ambulances waiting to hand over patients to overcrowded hospitals;
Poor road conditions or traffic congestion due to accidents;
Lack of staff training to respond to medical emergencies;
A failure to recognise red flag symptoms of a critical health condition;
Severe weather conditions, such as storms, floods or heavy snow;
Living in remote locations that are hard to access;
Lack of adequate funding for the NHS.

If the delay was due to negligence and has caused your condition to worsen, you could be eligible to make an ambulance delay claim.

Can I make an ambulance delay compensation claim?

If you or a loved one suffered harm due to a delayed ambulance response, you may be able to make a successful medical negligence claim. A solicitor will take on your case if they can establish the following:

The ambulance service breached the standard response time expected for your category of emergency and, therefore, their duty of care towards you;
This delay has directly led to the worsening of your condition and caused you to have a worse outcome than you would have otherwise had;
You incurred damages as a result, such as physical pain, disability, mental distress and financial losses.

If you have a valid claim, you could make a claim against the NHS, but also against a private ambulance service. All healthcare providers must hold insurance against personal injuries to patients, and their insurance company will pay your compensation award. Your claim will not affect the funds allocated for patient care in any way and may help improve emergency services so that similar cases are prevented in the future.

Evidence needed to support an ambulance negligence claim

To make a successful claim, you need evidence to prove not only that a delay occurred but also its link to the harm you suffered. Your medical negligence solicitor will help you gather everything you need to build a strong case, which may include:

Medical records that document your condition before and after the emergency call;
Details of any worsening of your injuries or illness caused by the ambulance delay;
Records from the ambulance service showing their response time, dispatch details, and reasons for the delay;
Testimony from a medical specialist who can link the harm you’ve suffered to the delayed arrival of the ambulance;
Reports from the responsible hospital if official investigations were carried out;
A coroner’s inquest report if a death has sadly occurred;
Witness statements from family members or bystanders who saw the incident;
Visual evidence showing the condition of the patient waiting for the ambulance;
A copy of a formal complaint filed with the responsible hospital or ambulance service;
You also need proof of related financial losses, such as hospital bills, receipts and payslips.

Once you have all the necessary evidence, your solicitor will calculate your compensation award and begin negotiations with the defendant. It can take between a few months and several years for your claim to conclude, depending on the complexity of the case and whether the other party admits liability.

Can I make a medical negligence claim on behalf of a loved one?

Yes. You could make a compensation claim on behalf of someone you love if they have suffered an injury due to an ambulance delay and are:

A child under 18, as they cannot legally represent themselves due to their young age;
An adult who lacks mental capacity under the Mental Capacity Act 2005, meaning they suffer from a condition such as:
- A severe brain injury or stroke
- Post-traumatic stress disorder
- An intellectual disability such as Down syndrome
- A mental health condition like schizophrenia
- A neurodegenerative disease such as Alzheimer’s

To claim on behalf of your loved one, you must first apply to the court to be named as their litigation friend. Your solicitor will help you do this and present proof that you:

Can make fair and competent decisions during the claims process.
Have no conflict of interest with the claimant.

Once approved, you will have certain duties, including liaising with solicitors, attending court hearings if necessary, and considering compensation offers from the defendant. If you secure compensation for your loved one, your solicitor can help you set up a personal injury trust in their name. That will ensure the awarded payment is ring-fenced and will not affect their entitlement to state benefits.

Can I make a claim if a loved one passed away due to an ambulance delay?

In medical emergencies involving life-threatening injuries or illnesses, such as cardiac arrest, the national standard ambulance response time is set at 7 minutes. If someone you love passes away due to the paramedics arriving late, you may be entitled to make a negligence compensation claim. If you qualify as a dependent of the deceased, you could claim the following under the Fatal Accidents Act 1976:

The financial support expected from your loved one, which can include loss of salaries, bonuses, pensions, investments and other sources of income;
The loss of services your loved one used to provide in the household, such as gardening, cooking, cleaning, childcare and DIY projects;
Reasonable funeral expenses, such as embalming the body, wreaths, the headstone and the cost of a memorial;
A limited number of family members, which include parents and spouses, can also claim a bereavement award of £15,120 for their grief and suffering.

How long do I have to start my ambulance delay claim?

Under the Limitation Act 1980, you must start your compensation claim within three years following the ambulance or paramedic negligence. Alternatively, the three years could begin when you become aware that the delay caused you to suffer avoidable harm, which is known as the date of knowledge. After three years, your case will be statute-barred and no longer valid.

A few exceptions apply:

You can make a child injury claim any time before your child’s 18th birthday. Once they turn 18, they will have until their 21st birthday to seek compensation themselves.
If the claimant is an adult who cannot handle legal proceedings, the limitation date is suspended or put on hold until recovery. A litigation friend could make a medical negligence claim on their behalf at any time.
If you lost a loved one due to a late ambulance response, you have three years to start a claim from the date they passed away.
If you received negligent medical care abroad, you may still be entitled to claim, but the time limit could be different and much shorter than in the UK.

How much compensation could I receive for a delayed ambulance response?

The amount of compensation you could receive for a medical negligence claim will depend on the type and severity of the harm incurred and its impact on your life. Your solicitor will carefully consider two types of damages included in every claim to ensure you get the maximum compensation you are entitled to:

Special damages are a part of the claim that cover all the financial losses and expenses related to the negligence, which could include:

Loss of earnings during recovery
Past and future care costs
Private medical treatments
Travel expenses to medical appointments
Home adaptations to accommodate a disability

General damages are part of the compensation awarded for non-financial aspects, such as:

The anxiety and trauma caused by waiting for the ambulance to arrive
Physical pain and suffering
The worsening of your condition
Scarring, if you had to undergo surgery due to the delayed response
Loss of amenities such as the ability to pursue your hobbies
Reduced life expectancy and quality of life

General damages are based on historical cases and the guidelines from the Judicial College. According to their recommendations and our compensation calculator, you could be entitled to between £1,000 and £500,000, depending on the severity of the harm incurred due to medical negligence.

Can I claim compensation using a no win no fee service?

If you have a valid claim for an ambulance delay and paramedic negligence, your solicitor will work under a no win no fee agreement. That means they will not ask you for any upfront fees, and you also don’t have to pay them if your case fails. With this service, you only pay them a success fee if and after you receive compensation. This fee is agreed upon at the outset and is capped at 25% of your past financial losses and general damages.

With this service, you can also get After the Event (ATE) insurance to protect you against litigation costs. If you lose the claim, the ATE will cover expenses such as court fees, medical reports and the defendant’s solicitors, so you will not be left out of pocket.

To learn more about making an ambulance delay claim, please call 0800 470 0474 or enter your details here for a free consultation with a legal adviser.

Last edited on 11th Feb 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.