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Serving as the first point of contact for most health concerns, GPs are essential in providing comprehensive medical care to patients. Therefore, if you’ve received substandard care from a GP, this can feel like a complete breach of trust. Not only that, but you could also suffer serious health consequences, such as physical and mental harm, due to GP negligence. Whether the harm you suffered was due to a misdiagnosis, a delayed diagnosis or a failure to refer, you may be giving some thought to the GP negligence claims process. Fortunately, our friendly team is here to help you navigate your case, ensuring you receive a fundamental understanding of medical negligence claims.
At Legal Helpline, our team is available 24 hours a day, 7 days a week to help you through this challenging time. By answering your questions, giving helpful advice and providing free case checks, our advisory team delivers a fully personalised experience. Following this, you could also be connected with one of the expert solicitors from our panel. Offering their services under a No Win No Fee agreement, our talented panel of solicitors are ready to help you pursue the compensation that you deserve. To start your claim today, please don’t hesitate to get in touch with our helpful team.
Frequently Asked Questions
- Can I Make A GP Medical Negligence Claim?
- Common GP Negligence Claims Examples
- What Compensation Can I Claim For A Negligent GP?
- How To Begin A Claim For GP Medical Negligence Compensation
- No Win No Fee GP Negligence Claims
- Frequently Asked Questions
- Learn More
Can I Make A GP Medical Negligence Claim?
Yes, you could make a GP medical negligence claim if you experienced avoidable harm as a result of substandard medical care. To make GP negligence claims, you will need to fulfil the following requirements:
- A GP owed you a duty of care
- This duty of care was breached by a GP
- You suffered avoidable harm as a result of the breach
All GPs have a duty of care to provide the minimum expected standard of treatment to their patients. In doing this, GPs should take their patients’ symptoms seriously and assess allergies when prescribing medications as part of their duties. Moreover, the General Medical Council (GMC) provides guidance on good medical practice that should be adhered to by doctors.
Therefore, if you experienced avoidable harm due to a GP’s negligent actions or inactions, you could make a medical negligence compensation claim.
Can I Claim Against An NHS GP?
Yes, you could claim against an NHS GP if you suffered harm due to substandard care. Notably, the duty of care placed on GPs extends to both the public and private healthcare sectors. Therefore, you could claim against an NHS GP, and your claim would be directed towards the relevant Trust that the GP surgery belongs to.
The NHS Resolution is a national body which was established to support and resolve medical negligence claims. The resolution is also responsible for providing compensation payouts in successful cases.
Please also note that the Resolution has its own separate funding for paying compensation, and private practices will have insurance that they would pay any compensation out of.
To learn more about how NHS payouts are calculated, please contact one of our friendly advisors today.
Common GP Negligence Claims Examples
Common GP negligence claims examples include cases involving misdiagnosis, failure to refer and medication errors. Below, we explore these in more depth:
- A GP could fail to take a patient seriously who was presenting with symptoms of sepsis. Despite this, the patient could be misdiagnosed with the flu, resulting in serious harm to their internal organs. This will also lead to a delayed diagnosis of sepsis, resulting in the need for a leg amputation.
- A GP could make a medication error, prescribing the wrong dosage of a strong painkiller to a patient. This results in damage to the stomach lining, digestive problems and psychological harm such as depression. The incorrect dosage could also result in subsequent struggles with dependence and addiction.
- A GP could fail to disinfect a needle when taking a blood sample during an appointment with a patient. The patient could therefore develop hepatitis C, resulting in severe physical harm. The patient could also develop post-traumatic stress disorder and anxiety due to the negligence.
- A GP could fail to refer a patient who was presenting with symptoms of a stroke. Instead, the GP could flippantly diagnose the patient with anxiety, leading to a delayed diagnosis and serious brain damage.
Please note that the above examples are not exhaustive, and GP negligence can occur in many different situations.
To discuss your personal experience, please contact one of our helpful advisors today
What Compensation Can I Claim For A Negligent GP?
The compensation you could claim for a negligent GP will depend on factors such as the severity of your harm, your recovery period, the impact on your quality of life and any financial losses. In successful GP negligence claims, you will be awarded with general damages which will compensate you for any physical and mental pain and suffering.
The Judicial College Guidelines (JCG) are often used in conjunction with medical evidence when calculating a figure for general damages. The JCG is widely used by legal professionals because it contains compensation guidelines for many types of harm.
All of the entries in the table below, apart from the first figure, have been taken from the JCG. Please note that they are merely guidelines and do not guarantee how much compensation you could receive.
| Harm | Notes | Compensation Guideline |
|---|---|---|
| Multiple severe forms of harm with financial losses | More than one instance of serious harm with special damages such as lost earnings, home modification costs and care costs | Up to £1,000,000+ |
| Very Severe Brain Damage | The level of this award will depend on sensory impairment, any epilepsy and the loss of expectation of life | £344,150 to £493,000 |
| Moderately Severe Brain Damage | The level of this award will depend on the dependence on other people and communication issues | £267,340 to £344,150 |
| Kidney Injuries a) | Serious loss of both kidneys or damage of a permanent nature | £206,730 to £256,780 |
| Female Reproductive Injuries (a) | Infertility caused by disease or an injury with severe pain, scars and the presence of depression | £140,210 to £207,260 |
| Bladder Injuries b) | Complete loss of function and control of the bladder | Up to £171,680 |
| Lung Disease (b) | Lung cancer causing severe pain, a reduced quality of life and an impairment of function. | £85,460 to £118,790 |
| Bowel Injuries d) | An abdominal injury of a severe nature with a serious impairment of function. It may also require a colostomy with a restriction on diet | £54,420 to £85,100 |
| Spleen Injuries a) | The loss of spleen with a continous risk of infection due to nervous system damage. | £25,380 to £32,090 |
For an in-depth compensation evaluation, please contact our advisory team today.
Can GP Negligence Claims Payout For Special Damages?
Yes, GP negligence claims could payout for special damages provided there is sufficient evidence of financial losses. In all, the award of special damages will reimburse you for monetary losses you may have suffered due to your harm. As such, please see the following examples of special damages you could include in your claim:
- Loss of earnings, such as any current or future lost earnings, loss of workplace benefits and loss of a bonus.
- Medical expenses, such as private medical consultations and prescription costs for painkillers and antidepressants.
- Travel expenses, such as the cost of travelling to and from medical appointments such as fuel and public transport expenses.
- Care costs, such as any professional care costs for cooking, cleaning, nursing and dressing if your harm left you unable to perform daily tasks.
- Home modification costs, such as adaptations to the home to accommodate to any permanent harm you suffered. This could include hoists, chairlifts and new doors.
It’s also essential that your special damages are supported with evidence via:
- Receipts
- Invoices
- Bank statements
- Payslips
To learn more about how you could claim for special damages, please get in touch with our team today.
How To Begin A Claim For GP Medical Negligence Compensation
To begin a claim for GP medical negligence compensation, you will need to ensure you are within the time limit and that you have sufficient evidence to support your case. As per the Limitation Act 1980, you will typically have up to 3 years to start your claim; the time limit runs from:
- The date of negligence, or;
- The date that you became aware that your harm was caused by a GP’s negligent treatment (the date of knowledge).
Nevertheless, the following exceptions may apply:
- If the claimant is a child, they cannot make a claim until their 18th birthday. From this day, they will have a 3-year time limit.
- If the claimant has a reduced mental capacity, their claim can only begin once a full recovery is made, if it ever is. The 3-year time limit will begin from this recovery date.
In both instances where the harmed person is unable to make their own claim, a loved one can act as a litigation friend on their behalf.
Evidence is also needed in all GP negligence claims. You must be able to demonstrate that a GP was negligent, causing you to suffer avoidable harm as a result. Please therefore see our helpful guide on how to prove medical negligence in the UK to learn more about the different types of evidence you could provide.
To see if you have enough time to start your claim, you can contact our advisors.
No Win No Fee GP Negligence Claims
No Win No Fee GP negligence claims could be made with our panel of expert solicitors. It is important to note that No Win No Fee refers to the cost of hiring legal representation and not the cost of making a claim.
As experts in GP negligence claims, our panel of talented No Win No Fee solicitors have decades of combined experience in securing successful pay-outs. Operating under a Conditional Fee Agreement (CFA), you could enjoy:
- No solicitor service fees at the beginning of your claim, as it progresses or if the outcome is unsuccessful
- If your claim is a success, you’ll be required to pay a small success fee to your solicitor. The fee is a legally capped percentage taken from your compensation. Therefore, you’ll always receive the bulk of your award.
If you’re connected with one of the expert solicitors from our panel, you could also experience the following:
- Obtaining a copy of your medical records on your behalf to support any misdiagnosis, delayed diagnosis or incorrect treatment.
- Explaining key legal terminologies to help you understand the medical negligence claims process.
- Assisting in evidence-gathering efforts, such as witness statements and photographs, to help support the negligence you suffered.
- Help with signing legal documents and ensuring all documents are filed on time.
- Negotiating your compensation settlement to cover your pain and suffering, and any financial losses
Contact Legal Helpline
To learn more about how a No Win No Fee solicitor from our panel could help you through the GP negligence claims process, you can contact our advisors:
- Call us 0333 000 0729
- Contact us by filling out our online form
- Use our free live chat feature
Frequently Asked Questions
Below, we answer some frequently asked questions:
How Do I Report A Negligent GP?
To report a negligent GP, you could pursue any of the following options:
- Make a complaint through your GP surgery’s complaints procedure
- Make a complaint to the commissioner of the services. As GPs are employed by the NHS, your complaint will be lodged with your local integrated care board (ICB)
- Raise a concern with the General Medical Council (GMC); in doing this, they could investigate and discipline the GP if they are found to be negligent.
What Can I Do If My GP Denies Liability?
If your GP denies liability, you could still pursue a compensation claim. Once a solicitor agrees that your claim has high chances of success, they could conduct negotiations on your behalf in order to hold the GP accountable and help gather supporting evidence that demonstrates the GP’s liability. Only if liability is still being denied, court proceedings could then be issued for the court to determine liability.
Please note that court proceedings are only issued as a last resort, and only once all other methods of dispute resolution have been exhausted.
Can I Claim If I Have Already Made A Complaint To My GP Practice?
Yes, you can claim even if you have already made a complaint to your GP practice. Ultimately, the complaints procedure for a GP practice and a legal claim are completely separate processes. Moreover, a previously lodged complaint with your GP practice could also prove to be helpful evidence in supporting your claim.
Will I Still Have Access To A GP If I Make A Claim?
Yes, you will still have access to a GP if you make a claim against them. You are legally entitled to receive care from a GP practice, and the standard of treatment should not change depending on if you make a claim or not.
However, you may wish to change your specific GP if you feel uncomfortable after your negligent experience with them
How Long Will A GP Negligence Claim Take To Settle?
There is no definitive time period for how long a GP negligence claim will take to settle. That being said, our panel of talented solicitors will work to adhere to deadlines in a timely manner.
Moreover, the following factors could influence how long a medical negligence claim takes:
- The complexity of the case
- The severity of the harm suffered
- The length of the recovery period
- Difficulties with evidence-gathering
- The impact of the harm on your quality of life and daily activities
Please contact our helpful team of advisors with any further questions.
Learn More
To learn more about clinical negligence cases, please see some of our other guides:
- Learn about the different examples of medical negligence
- Get help with ophthalmic negligence claims
- See the following advice on surgical negligence claims
Additional external resources:
- See the following guidance for GP practices from the British Medical Association
- Get help with managing sick leave and return to work from HSE
- Learn how to view or change your GP surgery from the NHS
Thank you for reading our helpful guide about how to make GP negligence claims.
