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If you’ve been injured in an accident that occurred because someone who had a duty of care towards you breached this duty, you may be able to claim compensation for your suffering.
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Expert Guidance On GP Negligence Claims
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If you've experienced illness, injury, or harm because of inappropriate or incorrect medical treatment, misdiagnosis, or a lack of action from your GP, you may be able to make a medical negligence claim.
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GP negligence claims or, as they are sometimes called, medical negligence claims, are not unusual. Despite all their years of training, doctors can still make mistakes, and if you suffer avoidable harm or injury as a result, you may be able to claim clinical negligence compensation.
It’s a misconception to think you can only make clinical negligence claims for negligent treatment provided by healthcare professionals in a private hospital. Every doctor, whether working for the NHS or in private healthcare, owes their patient a duty of care.
A duty of care is a legal obligation. If a doctor breaches this and causes you unnecessary harm by failing to provide the correct standard of care, you are entitled to bring a medical negligence claim to secure compensation.
We all know that GPs are overworked in the UK, and many people are reluctant to bring a GP negligence claim. However, if the unnecessary harm suffered is serious, then you could find yourself out of pocket or, worse still, unable to work.
A clinical negligence claim provides compensation for pain and suffering, replacement of lost income and the assurance of future financial security if you have life-changing injuries.
Below, you’ll find all the information you need on GP negligence claims, including the claims process and how much medical negligence compensation you could receive. We’ll tell you exactly what’s involved in a medical malpractice case and how you can start a claim with our No Win No Fee solicitors.
If you have grounds for a medical negligence claim and want to discuss your case, call our team on the number at the top of this page. You can also message us via our live chat service.
Our advice is free, so there are no costs if you decide not to make a claim or you proceed and your case is unsuccessful. We offer access to expert medical negligence solicitors who can evaluate your case and confirm whether or not you have grounds for a clinical negligence claim.
What Is GP Negligence?
GP negligence occurs when a healthcare professional fails to provide proper care, resulting in physical or mental harm that would have been avoided otherwise. There are lots of different scenarios behind GP negligence claims, including failure of or delayed diagnosis, incorrect medical treatment or an omission such as failure to treat.
Medical negligence can have a significant impact on a person’s physical and mental health as well as their financial situation.
These cases can arise from the action or omission of an individual GP or systemic failure within that practice. Let’s look at some specific examples.
- Your GP fails to spot a vital symptom of an illness and thinks it is either an indicator of something else or just not relevant.
- Failure to arrange basic tests, such as blood tests or scans, means critical information is unavailable.
- A delay or failure to refer to a specialist means a condition or disease remains untreated and gets worse.
- Wrong medication or wrong prescriptions, either in type or dosage, which not only fails to treat a current condition but potentially leads to complications like allergic reactions or other illnesses.
Making GP Medical Negligence Claims
To make a successful claim for clinical negligence compensation, you must be able to demonstrate that the actions or omissions of your GP have caused new illnesses or injuries, the worsening or prolonging of an existing condition, and pain and suffering. Additionally, you will need to prove that had your GP met the correct standard of care, this harm you suffered would have been avoided.
Almost all medical negligence cases are handled by specialist solicitors. It’s essential to find the right clinical negligence solicitors who offer a free initial consultation and have a proven track record in handling doctor negligence cases. These claims are very specialist and require expert knowledge of both law and medicine.
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The GP Negligence Claims Process
The claims process begins with an initial consultation with one of our medical negligence lawyers. They’ll need a detailed account of your injury or the harm you suffered and the circumstances which surround it. They won’t need to establish a duty of care, as this is already present in the doctor/patient relationship.
Your solicitor will need to have detailed evidence to support your claim. This will include medical records and other supporting documentation, such as witness statements, reports from other healthcare professionals involved in your treatment, and even photographic evidence (if you have visible harm, such as a rash or hives from an allergic reaction).
Your legal team will need to prove that your GP failed in their duty of care. This will involve an assessment of your case by another medical professional and possibly an in-person examination and interview.
NHS Resolution may handle your GP medical negligence case. If your claim is successful, you may be entitled to clinical negligence compensation to cover any additional medical costs accrued as a result of the GP’s mistake.
How much compensation is awarded in a medical negligence claim will depend on the severity of the harm caused and whether there are any consequential financial losses. These include costs for private healthcare for further treatment, lost income due to time off work, and, in worst-case scenarios, ongoing care costs and adaptations to living arrangements. You can also include psychological harm and mental distress in your claim.
How Much Compensation Could I Be Entitled To?
Medical negligence claims are similar to other claims in that compensation is awarded for an injury or harm caused by a breach of a third party’s duty of care. Law firms and the courts use a specialist document called The Judicial College Guidelines, which sets out guideline monetary compensation ranges for specific injuries. Here are some examples which may apply to GP negligence claims. Please remember that these amounts are only guidelines and do not reflect the unique circumstances of your claim.
- Multiple types of harm or injuries and related expenses, such as lost income and care costs may attract awards of up to £500,000 or more.
- Birth injuries can cover a range of issues causing problems for mother and child due to the wrong treatment in response to specific health conditions associated with pregnancy. Clinical negligence which causes infertility following a failure to diagnose an ectopic pregnancy accompanied by sexual dysfunction, severe depression, anxiety, pain and scarring can receive compensation of between £140,210 and £207,260.
- An incorrect diagnosis of an eye condition, such as missing diseases like glaucoma and macular degeneration, as a consequence of which there is a complete loss of sight in one eye, may receive compensation of between £60,130 and £66,920.
- Failure to diagnose an illness or disease which results in poor health in an older person and subsequently a fall leading to an injury to their wrist resulting in significant and permanent disability but where some useful movement remains could attract compensation of between £29,900 and £47,810.
- Post Traumatic Stress Disorder (PTSD) caused by an omission in medical treatment, substandard care from your GP or a medical mistake which is classified as moderate with some continuing effects that aren’t grossly disabling may receive a compensation award of between £9,980 to £28,250.
- An allergic reaction caused by the wrong medication, which causes pain, cramps and diarrhoea for weeks, with some remaining symptoms such as discomfort and bowel function disturbance lasting a few years could receive compensation of between £11,640 to £23,430.
Compensation Bracket: 0.00
What About Other Costs And Expenses Because Of GP Negligence?
The Judicial College Guidelines help lawyers, insurers, the courts and anyone else responsible for valuing claims to calculate compensation for physical and mental injury or pain and suffering. However, if you’ve suffered an injury or illness because of GP negligence, then you’ll already know that there are other costs associated with this, especially if you can’t work.
There are two types of compensation or damages awarded in GP negligence claims. The first is general damages, which relate to the physical and mental harm caused by your healthcare provider. However, there is also a second category of compensation called Special Damages.
Special Damages cover your consequential costs, including things like fees for private medical treatment and fares for taxis or public transport because you cannot drive to your medical appointments. Special damages also include compensation for loss of earnings because you’re on Statutory Sick Pay or are perhaps unable to return to work at all.
If you want to ask for special damages, you’ll need to be able to evidence the different amounts in your claim, usually by producing receipts, invoices, bank statements and payslips.
How No Win No Fee Solicitors Co Can Help You Claim GP Negligence Compensation
If you want to make a successful claim for GP negligence, then it’s essential to partner with experienced medical negligence solicitors.
Our team of No Win No Fee medical negligence solicitors specialises in GP negligence claims and has a proven track record of success.
We understand how traumatic it is to have the wrong treatment provided or receive substandard care following doctor negligence, plus the level of anxiety and concern associated with these compensation claims.
Our experts are empathetic and friendly, and all advice provided when you speak to one of our team members is entirely free. In fact, if you work with one of our specialist medical negligence solicitors, you’ll do so on a No Win No Fee basis. You’ll only pay legal costs – sometimes called a success fee – if you win your case. There are no fees if you lose, even if your claim goes to court.
This No Win No Fee service may be provided under a Conditional Fee Agreement, ensuring that legal services are available to all, so anyone who meets the eligibility criteria can start a claim for medical negligence compensation with the support of a solicitor.
If you’d like to check if you can make a GP negligence compensation claim, call us on the number above, write to us here, or message us now via our live chat box. We’re always happy to help.
Frequently Asked Questions
Here are the answers to some common questions regarding GP negligence claims.
Are there time limits to bring legal action against my GP?
There is a three-year time limit, which runs from the date of the incident in which the negligence occurred and caused your injury. Sometimes, it can be hard to establish a precise date particularly for an ongoing condition. If you were unaware of a medical mistake or problem with the treatment provided, the three years wouldn’t start to run until you become aware that a problem has caused you harm.
If I make a claim against my GP, will they be struck off by the General Medical Council?
Whether the GMC take action against a healthcare professional in GP negligence cases will vary depending on a number of factors, including the seriousness of the injury, the ongoing impact of any injury, including how long it lasts and whether that doctor has had any other medical claims made against them.
Who pays compensation for GP negligence claims?
NHS Resolution generally pays compensation for GP claims against NHS workers; the money does not come from the budget for your local surgery. If you are consulting a GP in a private capacity, then you’ll need to make a claim against their employer, usually the healthcare provider.
Can I make a claim for an existing illness or health condition made worse by GP negligence?
You can make a claim for any wrong or substandard GP treatment, so this includes a new illness or disease or something you already have for which you seek medical attention. If your medical condition is pre-existing, then you must be able to demonstrate via your medical records that your illness has worsened as a result of your GP’s clinical negligence.
