This guide explains when and how you can seek compensation for a negligent GP misdiagnosis. GPs have a duty to provide their patients with the correct standard of care. Failure to do so could lead to unnecessary and serious harm that could have otherwise been avoided. This could constitute medical negligence. Read on to learn what it means to misdiagnose an issue through medical negligence.
As the guide progresses, we give an overview of a GP’s duties and examples of how a failure to carry out their role correctly could lead to avoidable physical and/or mental pain and suffering.
We go on to cover types of evidence that can help you prove medical negligence and discuss what you could be compensated for in a clinical negligence payout.
You may be wondering whether seeking legal representation to represent your medical misdiagnosis claim is worthwhile. If so, reading this guide will help, as we cover how having a solicitor with specialist knowledge on your side can help you build your case and ensure you receive a fair settlement.
Lastly, we share the benefits of pursuing a claim on a No Win No Fee basis with one of our panel’s expert medical negligence solicitors.
You can discuss seeking GP negligence compensation with our advisors, and have your case reviewed, with no charge or obligation to claim. Reach us through one of our 24/7 contact routes:
- Call our helpline on 0333 000 0729.
- Contact us through our web query page.
- Use the live chat tab at the bottom of this page.
Select A Section
- What Is GP Misdiagnosis?
- What Are The Duties Of A GP?
- Types Of GP Misdiagnosis Claim
- How To Prove Your GP Acted Negligently
- Estimated Payouts For Medical Misdiagnosis Claims
- Why Claim For A Negligent Medical Misdiagnosis By A GP With A Solicitor?
- Begin Your GP Misdiagnosis Claim Today
What Is GP Misdiagnosis?
As part of their duty of care towards patients, medical professionals, including GPs, are expected to provide the right level of care when investigating or diagnosing conditions. Although the way they are expected to uphold this duty can differ depending on the industry of medicine they work in. For example, the General Medical Council (GMC) sets out guidance on the professional standards for doctors.
GP negligence can be defined as a GP acting outside of professional standards, and their actions leading to a patient suffering harm that would otherwise have been avoided.
You can make a medical negligence claim for GP misdiagnosis if you can show that:
- A GP owed you a duty of care.
- They did not meet the professional standards required of them and breached their duty.
- The breach led to you suffering avoidable harm.
It is also important to start your GP medical negligence claim within three years. According to The Limitation Act 1980, this time limit typically starts from when the negligent care occurred or from when you discovered that the medical negligence had occurred. The latter is known as the date of knowledge. There are a small number of particular exceptions which may allow a claim to start after the normal deadline.
You can learn more about the eligibility criteria for medical misdiagnosis claims, time limits and more by calling the number at the top of this page.
What Are The Duties Of A GP?
The GMC provides GPs with guidance on what good medical practice for a doctor looks like. The following all count among the many duties GPs should perform to an acceptable standard:
- Keeping knowledge and skills up to date.
- Listening to patients and treating them fairly.
- Delegating tasks to properly trained people where needed.
- Recording their work clearly and accurately.
- Acting with honesty and integrity, even if something goes wrong.
Read the next section for a better understanding of what medical malpractice can look like in GP negligence cases.
Types Of GP Misdiagnosis Claim
It’s important to note that not all instances of GP misdiagnosis are caused by medical negligence. As such, it’s not always possible to claim.
GP errors leading to a commonly misdiagnosed medical condition such as cancer, fractures or blood clots could occur in different ways. Many such misdiagnosis cases can fall under the categories of missed, delayed or wrong diagnosis.
If substandard care was at fault and the patient suffers avoidable harm, this could lead to a GP misdiagnosis compensation claim.
Missed Diagnosis Of An Illness Or Injury
There are several ways a GP could miss their patient’s condition, such as if they do not listen to the symptoms, ask relevant questions or arrange for necessary tests. For example:
- A GP fails to send a patient for tests after not listening to them describing clear symptoms of a brain tumor. As a result, they suffer the effects of an undiagnosed brain cancer which means the condition spreads to other organs.
Delays To Diagnosis
A delayed diagnosis, much like a missed diagnosis, could mean the patient suffers avoidable or unnecessary harm.
For example, a patient could end up waiting longer than is reasonable for a pancreatic cancer diagnosis because of their GP failing to send a referral to a specialist. By the time the results come back, the cancer could have spread to other parts of the body.
Incorrect Diagnosis
An incorrect diagnosis could happen in different ways. For example:
- A GP might confuse symptoms with another condition due to a lack of knowledge, and misdiagnose the patient based on the error.
- There may be a mix up of your results in the GP surgery leading you to get the wrong diagnosis based on another patient’s test results.
A GP could prescribe the wrong medication off the back of an incorrect diagnosis. This medication error could result in the patient suffering complications that could have been avoided.
Please call today if you have experienced GP misdiagnosis and want to find out if you have the right to claim compensation.
How To Prove Your GP Acted Negligently
Medical negligence claims against healthcare professionals must be backed up by relevant evidence. Consider the criteria we discussed earlier; your proof should show who owed you a duty of care, how they breached it, and what avoidable harm you suffered. To that end, try to collect the following where possible:
- Proof that you were under the GP’s care.
- A copy of your medical records, such as test results, prescriptions, and reports. You have the right to ask for your health records from your GP or any healthcare provider.
- Contact details for any potential witnesses, such as those who attended your appointments with you.
A solicitor from our panel can be instructed to help gather evidence for a case. Keep reading through the guide to learn how else a medical negligence solicitor can help make the claims process run smoothly.
Estimated Payouts For Medical Misdiagnosis Claims
You may be wondering how much compensation you could receive for GP misdiagnosis following a successful claim. Every payout is different because each misdiagnosis case has its own unique qualities.
However, your medical negligence compensation payout awarded after a successful claim will include a head of loss called general damages.
This aims to award compensation to address the avoidable physical pain and mental harm suffered due to a GP breaching their duty of care. Medical evidence can be used alongside a publication called the Judicial College Guidelines (JCG), a document made up of guideline compensation brackets, to help value this head of loss.
We have used some JCG brackets to put together the table you can see below.
Compensation Table
The figures in this table can be found in the JCG, except for the top line. Our table should only be used as a guide.
| INJURY | SEVERITY | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| Multiple Serious Injuries Or Illnesses, Plus Losses and Expenses | Very Severe | Up to £1,000,000+ | A payout addressing both the physical and mental impact of several serious injuries or illnesses and financial damage such as a loss of earnings. |
| Paralysis | Tetraplegia | £324,600 to £403,990 | Paralysis of the upper and lower body. The degree of pain suffered is among the factors affecting the level of award. |
| Brain | Moderately Severe | £219,070 to £282,010 | The affected person is very seriously disabled and relies on others substantially and needs constant care. |
| Moderate (i) | £150,110 to £219,070 | A moderate to severe intellectual deficit is present in cases in this bracket. There is also no prospect of employment and a significant epilepsy risk. | |
| Kidney | Loss or Serious and Permanent Damage | £169,400 to £210,400 | Both kidneys are impacted. |
| Bladder | Cases Involving Double Incontinence | Up to £184,200 | Alongside other medical complications, the affected person suffers a complete loss of natural bowel function and a total loss of urinary control and function. |
| Bowels | Total Loss of Natural Function | Up to £150,110 | Natural function is lost completely. Some patients may depend on colostomy. |
| Digestive System | Illness/Damage Resulting from Non-Traumatic Injury | £38,430 to £52,500 | Severe toxicosis leads to hospitalisation due to serious acute pain, vomiting and fever. |
Special Damages
You could also receive compensation for any out of pocket expenses resulting from a negligent misdiagnosis. This is awarded under a second head of loss known as special damages. This could cover, for example:
- A loss of earnings if your illness keeps you from working.
- Medical bills.
- Travel costs.
- Mobility aid expenses.
As well as collecting evidence of negligent GP misdiagnosis and its effect on your health, also make sure to keep a record of any financial losses.
If you’d like to know more about medical negligence compensation and what you could be awarded, just call today or reach out to us online.
Why Claim For A Negligent Medical Misdiagnosis By A GP With A Solicitor?
If you have suffered avoidable harm due to a negligent GP misdiagnosis, you have the right to seek compensation provided you meet the eligibility criteria required. Our panel’s solicitors are experts in handling medical negligence claims and help clients in different ways, including:
- Collecting evidence. They can also arrange an independent medical examination, which mat be required as part of the claims process. The report produced can help when valuing your settlement. They can additionally gather witness statements if needed.
- Negotiating with the defendant on your behalf.
- Ensuring all steps are followed correctly and without unnecessary delay.
- Guiding you through court proceedings if needed. However, most cases are resolved outside of court.
- Keeping you updated and offering legal advice throughout the process.
The solicitors on our panel have years of combined experience in handling medical negligence compensation claims and could help you. Find out more by calling and asking us for a free claim assessment.
Begin Your GP Misdiagnosis Claim Today
If one of our panel’s solicitors takes on your case, they offer a type of No Win No Fee deal called a Conditional Fee Agreement (CFA). This means you do not pay an upfront solicitor fee. Neither would you be charged for the solicitor’s work during the case, or if the claim is not successful.
Successful GP misdiagnosis cases lead to compensation being awarded to the claimant. Under a CFA, your solicitor would be entitled to take a small portion as their success fee. They may only take a minor percentage of the compensation you receive because of a legal cap set out in The Conditional Fee Agreements Order 2013.
How To Contact Us
If you’re interested in learning more about misdiagnosis claims, or want to see if you can seek compensation, please let us know. Our advisors are ready to help, and could connect you to a solicitor without delay if they find you have grounds to start a claim.
Talking to us is completely free. All you need to do to get started is select one of these options:
- Call 0333 000 0729 for free guidance.
- Contact us online and ask for a call.
- Open the live support option below and send us a message.
Further Resources
Here are some further guides from us for more useful information:
- Our hospital negligence article includes how to claim against a public or a private healthcare provider.
- If a doctor negligently prescribed the wrong dosage, we explain how you can claim compensation.
- This stroke misdiagnosis guide discusses when and how you can claim.
Also try these useful resources:
- NHS information on how to complain about a GP’s service.
- The General Medical Council notes how to raise concerns about care.
- Government information on seeking Statutory Sick Pay if you cannot work.
Thank you for reading our article on GP misdiagnosis compensation claims. You can reach us any time to discuss your case, so please do not hesitate to get in touch.
