When you’re ill or injured, the first point of call is usually making an appointment to see your GP. But what do you do when the care they provide causes more harm? In this guide, we’ll explain everything you need to know about GP negligence claims.
We’ll discuss what medical negligence is, and how a GP could act negligently; then, our guide touches on proving your claim, and why evidence is so important.
Many people want to know how much compensation they could receive if they make a successful medical negligence claim. We’ll talk about what your compensation could cover, and how it’s calculated.
Finally, we’ll talk about No Win No Fee solicitors, and how working with a professional can make the claims process feel much less stressful.
Contact Us
If you have any other questions that aren’t covered by our guide, or if you just want to learn more, our advisors can help. They can provide a free consultation, during which they can answer your queries and evaluate your potential claim. To get started:
- Call us on 0333 000 0729
- use the live chat feature
- Contact us online
Browse Our Guide
- What Are GP Negligence Claims?
- What Are Examples Of GP Negligence?
- How Do I Prove That GP Negligence Occurred?
- How Much GP Negligence Compensation Could I Receive?
- What Is The Time Limit For GP Negligence Claims?
- How Long Do GP Negligence Claims Take?
- Can I Make A No Win No Fee GP Negligence Claim?
- Read More About Medical Negligence Cases
What Are GP Negligence Claims?
Before we can talk about GP negligence claims, we need to define medical negligence. So, what does negligence mean when we use it in the context of tort law? Basically, negligence happens when:
- A medical professional, in this case your GP, owes you a duty of care
- They breach this duty
- You are injured or harmed unnecessarily as a result of this breach
When a GP treats you, they immediately owe you a duty of care. To uphold this duty, they need to make sure that they provide care that meets a minimum standard. They also need to make sure that they don’t cause unnecessary harm. The General Medical Council (GMC) outlines the steps that they expect registered doctors to take to meet this standard.
Keep reading to find out how a GP could act negligently, or contact our team for more information on GP negligence claims.
What Are Examples Of GP Negligence?
So, how can a GP act negligently? Some examples can include:
- Medication errors: If your doctor prescribes a medication to you, they should check your patient records and make sure that you have no known allergies. If your doctor prescribes a medication that you have a known allergy to, and this causes you to go into anaphylactic shock, you may be able to make a claim.
- GP Misdiagnosis: Many people see a GP as their first point of call if they’re experiencing worrying symptoms. If you present with clear symptoms of cervical cancer, but your GP misdiagnoses you with polycystic ovary syndrome (PCOS), this can cause huge delays in treatment. If this allowed the cancer to spread, you could potentially make a claim.
- Failure to refer: If you have symptoms that need to be tested further, like a lump in your breast, your doctor should refer you for further testing. If they fail to do this, and this allows your illness to worsen, this could result in a claim.
Can I Make A Complaint About My GP?
Yes, you can make a complaint about your GP. You can complain to the surgery that they work for, or you can contact the NHS’ Patient Advice and Liaison Services (PALS) to complain about an NHS GP.
To find out if you could be eligible to start a GP negligence claim, get in touch with our team of advisors today.
How Do I Prove That GP Negligence Occurred?
One of the most important steps in the GP negligence claims process is proving that negligence occurred. To do this, you’ll need to collect different kinds of evidence, such as:
- Photographs of visible harm, like scarring
- Medical records showing the steps your GP took during your treatment
- Prescriptions and medication packets that show any medications you were prescribed
- The contact details of witnesses, like a friend or family member who was at the appointment, to allow their statements to be taken later
- Test results, like a scan or an x-ray
- Bank statements, wage slips, and other financial documentation that show financial losses
Your claim might also be subject to the Bolam test. This is when a panel of experts, in this case, general practitioners, review the actions of your GP and determine whether or not their actions were negligent.
This step might sound overwhelming, but don’t worry; if you choose to work with a solicitor, then they can help you gather evidence and prove your claim. Get in touch with our advisors today to find out how one of the doctor negligence claims solicitors from our panel could help you.
How Much GP Negligence Compensation Could I Receive?
Medical negligence compensation can be split into two headings: general damages and special damages. These two headings come together to form the final payout.
General damages are awarded to all successful claimants, and this heading addresses the harm you suffered and the effects it has had on you and your life. Guideline brackets from the Judicial College Guidelines (JCG) can be used by those responsible for valuing claims to help them calculate this heading.
In the table below, you can take a look at some of these guideline brackets. The first entry you’ll see in this table hasn’t been taken from the JCG; it’s purely illustrative.
| Injury | Compensation Bracket Guideline | Notes |
|---|---|---|
| Multiple Severe Instances Of Harm + Special Damages | Up to £,1000,000+ | A combination of multiple instances of severe harm plus financial losses |
| Very Severe Brain Damage | £344,150 to £493,000 | A need for full-time nursing care with little or no response to environmental factors |
| Female Reproductive Injuries a) | £140,210 to £207,260 | Infertility caused by disease or injury causing severe pain, anxiety and depression |
| Lung Disease (a) | £122,850 to £165,860 | A serious disability in a young person that leads to premature death |
| Male Reproductive Injuries d) | £68,430 to £87,080 | Uncomplicated cases of sterility in a young person with no children |
| Kidney Injuries c) | £37,550 to £54,760 | One kidney is lost but there is no damage to the other |
| Single Disfiguring Scar Or Several Noticeable Scars | £9,560 to £27,740 | Some cosmetic effect caused by one or several scars |
| Simple Fractures of the Forearm | £8,060 to £23,430 | Simple forearm fractures |
| Simple Fracture of a Femur | £11,120 to £17,180 | No articular surface damage |
| Non-Traumatic Illness and Injuries To The Digestive System (iii) | £4,820 to £11,640 | Allergic reactions causing stomach cramps and hospital admission |
Can I Claim For Loss of Earnings Caused By GP Negligence?
Yes, if you can prove that you lost earnings because of the negligence you suffered, you could potentially claim them back under special damages. This heading allows you to recoup the monetary losses caused by the negligence, including the cost of:
- Childcare
- Prescriptions
- Therapy and counselling
- Rehabilitation
- Mobility aids and prosthetics
- Home adjustments
- Nursing care and home care
These are only a few of the expenses that can be covered by special damages. Get in touch with our team today to get more information.
What Is The Time Limit For GP Negligence Claims?
You have three years to start a GP negligence claim, as per the Limitation Act 1980. You don’t need to complete your claim during this time, you just need to start proceedings.
However, there are some exceptions to this rule. For example, the time limit doesn’t apply to people who can’t make their own claim because the don’t have the mental capacity needed.
However, this doesn’t mean no claim can be made; instead, a litigation friend can claim for them, and the time limit only comes into force if they recover the needed capacity. From this point, if no claim has already been made, they can claim for themselves.
To learn about the other exceptions to the time limit, we recommend you speak with one of our expert advisors. Or, read on to find out how long GP negligence claims can take.
How Long Do GP Negligence Claims Take?
There’s no set time frame for GP negligence claims. This is because the time it takes for your claim to resolve can depend on a number of factors, including:
- How much evidence you have
- Whether or not your GP accepts liability
- How severely you were harmed
- Whether or not your claim goes to court
If you choose to work with a medical negligence solicitor on your claim, they can keep you updated and advised on how long they expect your claim to take.
Can I Make A No Win No Fee GP Negligence Claim?
Our panel of solicitors could help you make a medical negligence claim on a No Win No Fee basis. When you choose to work with a solicitor, they can help you through the claims process, helping you support the claim, gather evidence, and negotiate a settlement.
Since our panel work under the terms of a Conditional Fee Agreement (CFA), you can access all of these services and more without paying for them upfront, as the claim is ongoing, or at all if the GP negligence claim fails.
If you make a successful claim with the help of a No Win No Fee solicitor, they’ll take a success fee. This is a small, legally-capped percentage of your compensation.
Contact Us
Are you ready to learn more and find out if you could be eligible for compensation? Our team of advisors can answer any questions you might have, and could potentially connect you with a specialist medical negligence solicitor from our panel. Get in touch today for more information on GP negligence claims:
- Call us on 0333 000 0729
- use the live chat feature
- Contact us online
Read More About Medical Negligence Cases
For more interesting medical negligence guides:
- Find out how to claim for a broken bone birth injury
- Learn how to make a No Win No Fee walk-in center negligence claim
- Get help making a leukaemia misdiagnosis claim
Or, to find more resources:
- Make a complaint about a service provider to the Care Quality Commission (CQC)
- Advice for claimants from NHS Resolution
- Look for a doctor on the GMC’s register
Thank you for reading our guide on GP negligence claims.
