Medical negligence solicitor Zoe Diss secured compensation for the family of a 19-year-old who tragically passed away from a severe asthma attack while waiting nearly 2 and a half hours for the ambulance to arrive.
Posted on 13th January 2026
New NHS England data suggests that while Accident & Emergency (A&E) performance has shown modest improvement, thousands of patients across England are still experiencing dangerously long waits, raising ongoing concerns about patient safety and the risk of avoidable harm.
Rise in extreme delays following decision to admit
According to the latest A&E Attendances and Emergency Admissions statistics, just 74.2% of patients were admitted, transferred or discharged within four hours in November 2025. This remains significantly below the NHS target of 95%, with no NHS trust in England meeting the four-hour standard during the month. Of particular concern is the increasing number of patients waiting excessive lengths of time after a decision to admit has already been made.
The data shows that 50,648 patients waited more than 12 hours from the decision to admit to actual admission in November 2025 a 10.6% increase compared to the same period last year.
Long waits after a decision to admit are widely recognised as posing serious risks to patient safety, particularly for those with complex or deteriorating conditions who require urgent inpatient care.
Growing pressure on emergency departments
Demand on emergency departments remains high. In November 2025 alone, A&E services across England recorded 2,345,860 attendances, an increase of 1.3% compared to November 2024.
Attendances at Type 1 (major) A&E departments rose by 1.5%, continuing a trend seen over recent month. Sustained increases in attendances place additional strain on already overstretched departments, increasing the risk of:
- Overcrowding
- Prolonged waiting times
- Clinical decision-making under pressure
All these factors are recognised contributors to delayed diagnosis, missed warning signs and avoidable patient harm.
The patient safety implications
Prolonged waits in overcrowded emergency departments are known to increase the likelihood of:
- Missed or delayed sepsis diagnoses
- Delays in treatment for stroke and other time-critical conditions
- Failures to properly monitor or escalate deteriorating patients
Patients’ rights and delayed emergency care
Under the NHS Constitution, patients have the right to be admitted, transferred or discharged within four hours of arriving at A&E. Persistent failure to meet this standard alongside rising 12-hour waits, raises concerns where patients suffer harm due to delayed admission, delayed diagnosis or inadequate emergency care.
It is important to note that delay alone does not automatically amount to negligence. However, where a delay results in substandard care and causes injury or a worsening outcome, patients and families may have grounds to seek legal advice.
Seeking advice after delayed A&E care
Patients or families who believe they have suffered harm due to long A&E waits, delayed diagnosis or inadequate emergency treatment may wish to seek independent legal advice to understand their rights and options.
If you have experienced delays in A&E care and believe this has affected your health or treatment, Blackwater Law can provide confidential advice to help you understand whether further investigation may be appropriate.
