Your Rights as an A&E Patient

The NHS Constitution applies in A&E

The NHS Constitution sets out rights that apply to every patient in every NHS service, including A&E. These are not aspirational guidelines — they are legal entitlements. Understanding them helps you navigate your visit and speak up when something is not right. This guide covers the rights most relevant to an A&E visit.

The right to be treated with dignity and respect

Every patient must be treated with dignity regardless of age, disability, gender, race, religion, sexual orientation, socioeconomic status or any other characteristic. In practical terms, this means:

• Staff should address you by the name you prefer and use the pronouns you specify
• Physical examinations should take place in a private area, not in public view
• You should be offered a gown or covering if you need to undress
• Your cultural and religious needs should be respected where possible — for example, requesting a same-sex clinician for intimate examinations
• You should not be spoken about as though you are not present, even during medical handovers

A&E departments are busy and pressured environments, and staff are often managing multiple patients simultaneously. If you feel your dignity is not being respected, you have the right to say so — calmly and clearly — to the nurse or doctor, or to ask to speak to the nurse in charge of the department.

The right to information

You have the right to have your condition explained to you in language you can understand. This includes:

• What staff think is wrong — even if they are not certain, they should share their working diagnosis
• What tests are being done and why — you should know what each investigation is looking for
• What treatment is proposed — including alternatives, risks and expected outcomes
• What the plan is — whether you are being discharged, admitted or referred, and what happens next

If English is not your first language, you have the right to request an interpreter. Most hospitals have access to telephone interpretation services covering dozens of languages, available 24 hours a day. A family member can translate if you prefer, but you should not be forced to rely on a family member (particularly a child) for medical interpretation.

If you have a hearing impairment, request a sign language interpreter or written communication. If you have a learning disability, staff should use accessible communication tools and allow extra time for explanations.

The right to consent

No medical treatment can be given to you without your informed consent, except in very specific circumstances. Consent means you understand what is being proposed, why it is being proposed, what the alternatives are, and what the risks are — and you agree to proceed.

Verbal consent

For most A&E treatments — examinations, blood tests, X-rays, wound closure — verbal consent is sufficient. The clinician explains what they want to do, and you say yes. You can also refuse. Refusing a specific investigation or treatment does not mean you lose the right to other care.

Written consent

For more significant interventions — procedures under sedation, surgery, certain invasive investigations — you will be asked to sign a consent form. Read it and ask questions before signing.

Capacity

If a patient cannot give consent because they are unconscious, confused or lack mental capacity, clinicians can treat them under the principle of acting in their best interests. This is governed by the Mental Capacity Act 2005. The key principle is that capacity is assumed unless there is evidence to the contrary — a person is not automatically assumed to lack capacity because they have a mental health condition, a learning disability, or are elderly.

Children and consent

For children under 16, a parent or guardian normally gives consent. Young people aged 16 and 17 can consent to treatment themselves. Children under 16 can also consent if they are assessed as having sufficient understanding (known as Gillick competence). Our children's guide covers paediatric-specific considerations.

Refusing treatment

You have the right to refuse any treatment, even if refusing is medically inadvisable. Staff should explain the consequences of refusal but cannot force treatment on a competent adult. If you refuse treatment and wish to leave, you will normally be asked to sign a form acknowledging that you are leaving against medical advice. You can still return later if you change your mind.

The exception is treatment under the Mental Health Act, where a patient can be treated for a mental disorder without consent under specific legal conditions. Our mental health crisis guide covers this.

The right to privacy and confidentiality

Your medical information is confidential. Staff should not discuss your case where others can overhear — though in a busy A&E, this is sometimes difficult to achieve completely. If you are concerned about being overheard, you can request to be moved to a private room or ask that sensitive discussions happen away from other patients.

Your records should not be shared with anyone who is not directly involved in your care without your permission. There are limited exceptions: safeguarding concerns, legal requirements, and public health notifications.

If someone — a relative, friend, employer — calls the hospital asking about you, staff should not confirm or deny your presence without your consent. You can specify who may and may not be given information about you.

The right to complain

If you are unhappy with any aspect of your care, you have the right to raise a concern. This does not affect your treatment — no NHS service can withdraw care because a patient has complained.

Our complaints and feedback guide covers the full process in detail, but in summary:

• During your visit, speak to the nurse in charge or the clinical lead. Many issues can be resolved immediately.
• After your visit, contact the hospital's PALS (Patient Advice and Liaison Service). PALS can investigate and facilitate a response.
• Formal complaint, in writing to the hospital's complaints department. You should receive an acknowledgement within three working days and a full response within a defined timeframe.
• If unresolved, escalate to the Parliamentary and Health Service Ombudsman (PHSO), which is the independent body that reviews NHS complaints.

The right to access your records

You can request a copy of your A&E records — the notes, observations, test results and treatment details from your visit. Under the UK General Data Protection Regulation, the hospital must provide these within one calendar month and cannot charge a fee. You can make a Subject Access Request to the hospital's medical records department.

Having your records is useful for follow-up appointments with your GP, for insurance purposes, or if you want to understand what happened during your visit. Our after discharge guide explains how to use this information as part of your ongoing care.

The right to a second opinion

If you disagree with the clinical assessment or treatment plan, you can request a second opinion from another clinician within the department. This is not confrontational — it is a recognised patient right. In practice, A&E clinicians often consult with colleagues informally, and asking for a second perspective is entirely reasonable.

Advocacy and support

If you are struggling to communicate your needs or feel your rights are not being upheld, you can ask for an advocate. Hospitals have access to independent advocacy services, particularly for patients with mental health conditions (Independent Mental Health Advocates), learning disabilities, or communication difficulties. A friend or family member can also advocate on your behalf — let staff know who has your permission to speak for you.

Practical tips for exercising your rights

• Ask questions. You are not being difficult by asking what is happening and why. Informed patients make better decisions about their own care.
• Take notes. If you are concerned about your care, note the time, the staff member's name or role, and what happened. This helps if you need to raise a concern later.
• Bring someone with you. A companion can help you remember information, ask questions you might forget, and advocate on your behalf.
• Know your triage category. Ask the triage nurse what category you have been assigned. Understanding where you stand helps you gauge whether your wait is typical.
• Speak up if symptoms change. This is both a right and a safety measure. If you deteriorate while waiting, staff need to know immediately.
• Request an interpreter. If English is not your first language, you have the right to a professional interpreter — do not rely on family members, especially children, to translate medical information.

Bottom line

You have the right to dignified care, clear information, informed consent, privacy, and the ability to complain without reprisal. These rights exist in A&E just as they do in any other NHS setting. Understanding them helps you participate actively in your own care and ensures you receive the standard of treatment you are entitled to. If you feel your rights have been violated, our complaints guide walks through the process step by step, and our hospital directory lists contact details for every trust.