GP Negligence Claims

When we feel ill or suffer an injury, general practitioners (GPs) are often the first healthcare professionals we turn to. They should be able to recognise our symptoms and offer the correct treatment to help us get back to health, and this is what usually happens. However, it is essential to acknowledge that GPs can sometimes make errors, and these instances of negligence can have severe consequences for patients.

If you have not received an acceptable level of care from your GP and your health has suffered as a result, you may be able to claim GP negligence compensation. The experienced solicitors we work with provide a free case assessment service, so finding out if you have a valid case is completely free and without any obligation.

All you have to do to find out if you have a valid GP negligence claim is call 0800 470 0474 or enter your details to receive a call back.

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What is GP negligence?
• Am I eligible to make a GP negligence claim?
• How do I make a GP negligence compensation claim?
• What standards of care must a GP meet?
• Can I claim for GP malpractice on behalf of a family member?
• How much compensation will I receive for doctor negligence?
• Time limits to claim GP negligence compensation
• How long will a GP negligence claim take?
• Do GP negligence solicitors offer a No Win No Fee service?

What is GP negligence?

GP negligence occurs when a GP fails to diagnose and treat patients appropriately, causing them avoidable harm. There are several ways in which a GP can be considered as having been negligent, including:

• Failure to associate symptoms with the underlying cause
• Diagnosing an illness late
• Failure to refer a patient to a specialist
• Failure to refer a patient for appropriate tests and investigations
• Misinterpreting test results
• Failure to provide adequate and prompt treatment
• Administering the incorrect medication or dosage
• Failure to obtain informed consent from the patient
• Overlooking significant symptoms or warning signs that could indicate a more serious underlying condition

Such mistakes can potentially be considered a breach of the legal duty of care a GP has to each of their patients. The results can be devastating, particularly for those whose condition impacts the length of their life. That could lead to a GP negligence claim and compensation for the pain, suffering and financial losses incurred.

Am I eligible to make a GP negligence claim?

To make a GP negligence claim, you must show that your doctor’s actions, or lack of adequate measures, have caused you some form of injury, illness or suffering. To determine whether you have a valid case, GP negligence solicitors will establish the following elements:

• Duty of Care. Every healthcare professional owes a duty of care to their patients. This duty of care means they must provide you with medical care and treatment that meets an acceptable standard.
• Breach of Duty. You must demonstrate that your GP breached their duty of care by providing treatment that fell below the acceptable standard. This could be due to GP misdiagnosis, delayed diagnosis, prescription errors, failure to send you to a specialist for further investigations or other negligent actions.
• Causation. Your solicitor has to establish a direct link between the breach of duty and the harm you suffered. In other words, you must show that the negligence directly caused your injuries or worsened your medical condition.
• Damages. You must have suffered harm or damages due to the GP’s negligence. These can include physical injuries, emotional distress, financial losses, or other negative consequences.

You should also keep in mind there is a strict time limit within which you must initiate a medical negligence claim. The limitation date is typically three years from the date of the negligence or when you became aware of the harm (known as the date of knowledge). If the GP malpractice happened more than three years ago, you may have lost your chance to claim compensation.

In some instances, the neglectful acts of a GP may have impacted a family member who is not able to pursue a claim independently. In the worst of such cases, this may be because the results of the negligence were fatal. In these situations, it may be possible to claim on their behalf.

An experienced solicitor will provide advice and support on whether you have a valid case and how to pursue GP negligence compensation. For a free consultation, call 0800 470 0474 or enter your details into our claim form to receive a call back.

How do I make a GP negligence compensation claim?

You may be able to make a compensation claim if you have suffered any physical or psychological damage due to GP malpractice. To sue your GP for negligence, the first thing you should do is seek legal advice. With the support of a specialised solicitor, an investigation can be carried out to determine the failures of your doctor and confirm the impact this has had on you.

If your case has merit, your solicitor will gather evidence which may include:

• Copies of your medical records
• Test results and prescriptions ordered by your GP
• Results of medical assessments and reports from experts about the impact that the GP misdiagnosis or other negligence has had on your injury, illness or prognosis
• Photographs of any visible injuries when applicable
• Statements from friends and family
• Your account about how the negligence has affected your life, your ability to work and carry out daily activities
• Evidence of financial losses and expenses, such as receipts, invoices and pay slips

Once they gather this information, your solicitor will send a letter of claim outlining the details of your case to the defendant or their insurer. If the GP accepts liability, you can begin negotiations for a settlement. Ideally, this will be done without the need for a court trial, but should the claim progress to that stage, your solicitor will present the case and guide you through court procedures.

What standards of care must a GP meet?

GPs must meet specific standards of care to ensure the safety and well-being of their patients. These standards are set out by various regulatory bodies and professional organisations in the UK. These include the General Medical Council (GMC) and the National Institute for Health and Care Excellence (NICE) guidelines.

Regardless of why you visit your GP, you should always receive care according to accepted standards and feel valued and taken seriously. Some of the basic duties of a GP include:

• Act with honesty and integrity
• Prescribe the appropriate medication and the correct dosage
• Offer a thorough assessment of your symptoms and condition
• Keep up to date with medical knowledge and skills
• Offer follow-up care when necessary
• Provide good care and put the patient first
• Take prompt action if they suspect their patient’s health is at risk
• Offer an appointment without delay, especially regarding serious symptoms
• Refer patients to specialist visits or tests when necessary
• Obtain informed consent before undertaking any treatment or procedure
• Maintain strict patient confidentiality
• Keep accurate and detailed medical records for each patient
• Take your medical history into account
• Promote preventive healthcare by providing vaccinations, health screenings, and lifestyle advice

These duties contribute to the role of general practitioners in delivering primary healthcare services and promoting the overall health of patients. If you have suffered due to a GP misdiagnosis or other types of negligence, you might be entitled to compensation.

Can I claim for GP malpractice on behalf of a family member?

If your loved one is unable to make a GP negligence claim themselves, you can likely do so on their behalf. That is typically the case when the injured person is:

• A child under 18. Until the child reaches the age of 18 and becomes a legal adult, they cannot conduct legal proceedings. Before this point, a parent, legal guardian or another family member could claim compensation on their behalf. Any settlement reached on behalf of a child must be approved by the court to ensure that it is fair and in their best interests.
• A protected party. This legal term is used to describe an individual who cannot make decisions for themselves due to a mental impairment or disability. In this case, a family member, friend, or professional appointed by the court could start a claim on their behalf without any time limit.

To claim for a loved one, the court must appoint you as their litigation friend. You or your solicitor will need to apply to the court by filling in a certificate of suitability if you are not the person’s deputy. Before appointing you, the court will verify that you can handle the case fairly and competently and have no conflicts of interest with the claimant. The duties of a litigation friend include the following:

• Make decisions that are in the best interests of the injured person
• Ensure that they attend all medical appointments
• Keep them informed about the case and try to find out their feelings and wishes
• Consult with GP negligence solicitors and take legal advice
• Pay any costs requested by the court
• Carefully consider any settlement offers from the defendant

To start a GP negligence claim for your loved one, request a call back or call 0800 470 0474 today to speak to a legal adviser. They can tell you if your case has merit and answer any questions about the claims process.

How much compensation will I receive for doctor negligence?

Your solicitor will aim to achieve the highest possible settlement award on your behalf, though the amount will largely depend upon your specific situation.

For example, a GP who fails to diagnose or treat a severe illness such as cancer can put a patient’s life at significant risk and may cause irreversible damage to potential treatment plans. These cases will warrant higher settlement sums than those that do not interfere with an overall prognosis.

Your solicitor will aim to demonstrate the level of suffering that you have experienced to secure the highest GP negligence compensation. This may not be able to repair your suffering, but it will help support you through the costs of recovery and provide some financial security following a potentially traumatic experience. If you decide to sue your GP for negligence, you can recover two types of damages:

Special damages are the specific, quantifiable financial losses you incurred as a direct result of the negligence. These may include:

• The cost of medication and private treatments
• The cost of care and assistance with daily tasks
• Travel expenses to medical appointments, such as fuel or taxi costs
• Past and future lost earnings if the injury has resulted in time off work
• Adaptations to your living space and lifestyle

General damages are non-economic losses that are not so easily quantifiable. These damages aim to compensate for the pain, suffering, and loss of enjoyment of life caused by the negligence and may take into account:

• Physical pain and discomfort
• Psychological and emotional distress
• Loss of amenities like the ability to pursue a hobby
• Loss of consortium
• Reduced life expectancy
• Scarring and disfigurement
• Mental or physical disability

GP negligence solicitors use the guidelines published by the Judicial College to work out the compensation award for general damages. You can refer to our online compensation calculator to see how much you could receive based on your injuries.

Time limits to claim GP negligence compensation

The Limitation Act 1980 imposes a three-year time limit for personal injury claims, starting from:

• The date of an incident or accident that caused injuries to the claimant; or
• The date of knowledge, which is the date you became (or could be reasonably expected to become) aware of your injury and its likely cause

In a GP negligence claim, the date of knowledge will most often be considered the starting point for the three-year limitation period. If you do not start legal proceedings within the deadline, you will likely lose your right to make a compensation claim. The court may allow an extension, but this only happens in exceptional circumstances.

Therefore, you should seek legal advice from GP negligence solicitors sooner rather than later. That will give them enough time to investigate your situation and gather as much evidence as possible to build a strong claim.

In some cases, the three-year limitation period does not apply. For example:

• Claims on behalf of children can be brought by a parent or legal guardian anytime before their 18th birthday. Afterwards, they will have another three years to start a claim themselves.
• The time limit is suspended for claimants who cannot conduct legal proceedings. This rule applies to adults with a mental illness, neurodegenerative disease, intellectual disability or another condition that may impair their judgement.
• If GP malpractice has resulted in wrongful death, you could claim on behalf of your loved one within three years after they passed away.

How long will a GP negligence claim take?

Every case is unique, so there is no one answer to how long it will take for medical negligence solicitors to settle your claim. That will depend on the particulars of your situation, such as:

• How quickly you obtained legal advice following the negligence of your doctor;
• The time your solicitor needs to investigate your case, gather medical records, consult with medical experts, and obtain any other necessary evidence;
• The type and severity of the harm you suffered;
• How much GP negligence compensation you are seeking;
• Whether the defendant admits or denies liability
• The time it takes to negotiate a settlement
• Whether your case goes to court or resolves through negotiations

There are situations where a claim resolves within several months and others where it may take several years to resolve. Your solicitor will always try to achieve a resolution as soon as possible and, when possible, secure interim payments on your behalf. These are partial payments made by the defendant before the final settlement or judgment is reached. They aim to help you cover immediate financial needs and are awarded when:

• The other side admits responsibility for your injury, so there are no liability disputes
• There is sufficient evidence to ensure a judge will likely find the defendant liable for compensation
• You can prove you have immediate financial needs arising from the GP malpractice
• You ask for a reasonable amount that is less than the final settlement you are claiming

Do GP negligence solicitors offer a No Win No Fee service?

If you want to sue your GP for negligence, you should contact a personal injury solicitor as soon as possible. They will offer you a free case assessment and a no win no fee agreement* if you have a valid claim. This type of arrangement has various benefits, including:

• You do not have to pay any upfront fees to get legal representation;
• Your solicitor will help collect and collate the evidence needed to support your case;
• They will handle all communication on your behalf and consult with expert witnesses to prove that your GP was negligent;
• Your solicitor will keep you informed about the progress of your case so you can focus on your recovery;
• They take on the risk of litigation, so you only have to pay them a success fee if they manage to secure compensation for you;
• If your case is unsuccessful, you will not have to pay them a single penny.

The success fee is a percentage of up to 25% of your compensation award. As your solicitor’s fee is contingent upon your compensation, you can rest assured they will try to secure the highest settlement possible in your claim.

As part of your agreement, GP negligence solicitors will also take out After the Event (ATE) insurance on your behalf. This type of insurance policy is essential if you want to make a personal injury claim, as it covers all your costs and disbursements if you lose, such as:

• The other side’s expenses and solicitor fees
• The cost of medical reports
• Expert witness fees
• Travel expenses related to the legal process
• Court and counsel fees
• Barrister fees if your case goes to court

If you make a no win no fee GP negligence claim, you only have to pay anything if your case is successful. The success fee and the cost of the ATE premium will be deducted, and you will keep the rest of the compensation awarded. If you lose your claim, there will be no expenses you have to cover, so you won’t be left out of pocket.

Talk to an experienced solicitor by calling free on 0800 470 0474 to find out if you are eligible for GP negligence compensation. If you’d prefer to receive a call back with no obligation to proceed, enter your details into the contact form below.