Advice On Making A GP Negligence Claim

We trust doctors with our health and wellbeing. Whether it’s an accident or an ongoing health issue, we expect that their training and education will mean that they provide care of the standard expected of their profession. This is a GP’s duty of care. What happens if a GP provides care that is below industry standards? Could you make a GP negligence claim?

Making a GP negligence claim guide

Making a GP negligence claim guide

For instance, you may have been misdiagnosed or prescribed the wrong medication by your GP. They may have given you incorrect or inappropriate advice or failed to refer you to a specialist when necessary.

When you’ve been the victim of negligence on the part of your general practitioner, it can be an upsetting experience. You may feel overwhelmed and unsure of the best steps to take after experiencing medical negligence. At Advice.co.uk, we can help by offering immediate guidance on this topic and potentially connecting you with a No Win No Fee solicitor to help. You could start a claim right now by:

  • Calling our team to chat over your GP negligence claim on 0161 696 9685
  • Get in touch using our contact form 
  • Use the ‘live support’ option at the bottom right of this screen

Select A Section

  1. A Guide On Making A GP Negligence Claim
  2. Calculate Compensation For A GP Negligence Claim
  3. Types Of Damages Awarded For Medical Negligence
  4. What Is A GP Negligence Claim?
  5. What Duty Of Care And Standards Should A GP Meet?
  6. Causes Of Negligence By A GP
  7. Who Could I Bring A GP Negligence Claim Against?
  8. Am I Eligible To Make A Claim?
  9. Could I Make A No Win No Fee GP Negligence Claim?
  10. Contact Us
  11. Where To Learn More
  12. Statistics On The Number And Types Of Claims Against Doctors
  13. GP Negligence Claim FAQs

A Guide On Making A GP Negligence Claim

It can be upsetting and daunting to realise that the actions of your GP has caused you to be injured or ill or has exacerbated a condition that you have already suffered from. In this guide, we will talk you through the process of claiming compensation for the suffering you have experienced as a result of GP negligence.

We will begin by looking at the different heads of claim that a compensation award may be made up of. In addition, we will look at how these heads of claim are calculated and what kinds of things they can cover.

This guide will then go on to look at what a GP negligence claim is. We will look at the duty of care owed by medical professionals to their patients and how this duty can be breached, resulting in injury. This guide will also identify what makes someone eligible to make a claim of this nature.

To summarise, we will offer an explanation of No Win No Fee agreements and the benefits that they can offer those pursuing medical negligence claims. Finally, we will provide you with some useful external resources and answer some commonly-asked questions about GP negligence claims.

Calculate Compensation For A GP Negligence Claim

Those who are looking to make a medical negligence claim may be looking for a medical negligence compensation calculator. Rather than supply one of those we have used figures that are provided by the Judicial College.

The Judicial College Guidelines (JCG) helps value injuries caused by the negligence of a third party. The compensation brackets are from past cases. You will be invited to a medical assessment where an independent expert will assess the extent of your injuries. The report from this assessment will be referred to in conjunction with the JCG to value your claim.

Injury TypeSeverity of InjuryGeneral Damages based on Judicial College Guidelines
Organ damage Serious impairment of the bladder£60,050 to £75,010
PTSD (Post-traumatic stress disorder)Moderate - perhaps trauma from being operated on incorrectly£7,680 to £21,730
Back injuryInjury deemed severe£85,470 to £151,070
Injury to a legInjury deemed very serious£51,460 to £85,600
Delay in diagnosing ectopic pregnancyAward dependant on extent of pain and suffering. £3,180 to £19,170
Injury to armInjury deemed severe£90,250 to £122,860
Injury to pelvis or hipsDiagnosis - Severe£73,580 to £122,860
HerniaContinual pain and limitation pf physical activities£13,970 to £22,680
Injury to back/spineInjury deemed moderate£26,050 to £36,390

These amounts are not guaranteed. They provide a guide figure based on previous compensation awards.  Call us to chat about your case, and our claims team can advise you further.

Types Of Damages Awarded For Medical Negligence

As we touched upon in our introduction, there are types or ‘heads’ of damages that a claim for compensation could consist of. Both types of damages need evidence to support them. They each compensate you for a different kind of loss in the aftermath of an injury or illness.

General Damages

These general damages compensate you for the actual suffering you have experienced as a result of an injury or illness.

General damages are the part of your claim that will be calculated by referring to the figures found in the JCG. In addition, the medical report from your assessment will be used to prove how your injury has impacted you.

Special Damages

You may start to notice financial problems arising. For example, the medical negligence you have experienced may result in you having to take some time off work to recover. In turn, this could lead to a loss of earnings and a financial impact on you.

Special damages are the part of your claim that compensates you for any financial loss or out-of-pocket expenses that you’ve incurred as a result of your injuries. For instance, this could include:

  • Loss of earnings for the time taken off work
  • Travel costs to and from medical appointments
  • The cost of medication or treatment that isn’t available on the NHS
  • Care costs
  • Home adaptations

Why not get in touch with our team today to find out more?

What Is A GP Negligence Claim?

Treating a million people every 36 hours is an unbelievable achievement. In this country, we have one of the best health care service in the world.

In 2019, the NHS received 10,678 new clinical negligence claims, with the majority of them arising from emergency medicine and orthopaedic treatments.

The right for patients to make a complaint about NHS care and feedback is included in the NHS constitution. However, while making a complaint could go some way to ensuring the mistake doesn’t occur again, it won’t result in you receiving compensation for your injuries. For this, you may need to make a medical negligence claim for compensation.

Liability for medical negligence is something that can happen when a GP, nurse, healthcare provider or cosmetic clinician fails to provide the level of care expected from their profession. The General Medical Council regulate doctors in the UK and set the standard they are expected to adhere to throughout their careers.

What might some typical negligence claims involve?

  • Missed or mistaken diagnosis – the doctor or surgeon has incorrectly assessed or diagnosed your condition. Not only can this result in your original issue failing to be addressed but receiving incorrect treatment could cause new health problems. Not all misdiagnosis will mean a doctor will have been negligent. If a patient withholds vital information that would have made the diagnosis correct this would not be seen as medical negligence, for example.
  • Surgical negligence – Surgical negligence can occur for a number of reasons. For instance, you may have had surgery performed on you unnecessarily. You may also have had the right surgery, but a mistake during the procedure led to you being injured.
  • Prescription and Medication errors – You may be able to claim for medical negligence if your doctor has prescribed you medication you are known to be allergic to and this caused you to suffer a reaction.
  • Negligent medical advice – Medical professionals should provide you with up to date accurate advice. If advice that has been given causes you to become ill this may be seen as medical negligence.
  • Pregnancy and birth injuries – Negligence on the part of midwives and obstetricians at this stage can have devastating effects on the quality of life of the mother or baby.

Were you injured or became further ill because your General Practitioner failed to uphold their duty of care towards you? If so, you could be entitled to claim compensation for medical negligence. Get in touch with our team today to find out more.

What Duty Of Care And Standards Should A GP Meet?

The General Medical Council regulates GPs in the UK. It has Regulators who oversee healthcare professionals. Regulated occupations include doctors, nurses practitioners, pharmacists and paramedics.

The GMC provides a list of criteria that a doctor must fulfil in order to adhere to their duty of care. These are:

  • Ensure that the care of their patients is their primary concern
  • Keep professional skills, knowledge and competence up-to-date
  • Act promptly if they think patient safety is compromised
  • Establish and maintain good partnership with patients and colleagues
  • Act openly and with honesty and integrity in order to maintain trust in the medical profession

If your GP has failed in any of the duties listed above and you have been injured as a result, get in touch with our team today to see if you could be eligible to claim.

Causes Of Negligence By A GP

Negligence could occur on different levels. Those who practice medicine correctly have no intention of ever causing harm to any of their patients. Negligence may take place because of oversight, accidental and mistakes.

For instance, medical staff may be overworked, resulting in them making mistakes in treating or diagnosing diseases or prescribing medication. Sometimes, mistakes in other areas of medicine will result in your GP making a mistake that causes you to become injured.

  • Contributory negligence – This is the term used when you and your doctor have both acted in a way that contributes to your illness or injury. If you are both found to be partly at fault for your injuries, your compensation could be reduced accordingly.
  • Vicarious liability – In some cases, an employer can be held responsible for the actions of an employee. This is where an NHS Trust could be held liable for medical negligence by one of its doctors.
  • What is gross (medical) negligence? – Cases of gross negligence demonstrate an absolute disregard for the duty of care.

If you have been injured because you’ve experienced a form of negligence listed above, you may be able to claim compensation. Get in touch with our team today for more information.

Who Could I Bring A GP Negligence Claim Against?

Suing a GP whether one that works for the NHS or a private GP can be a daunting prospect, but it is something we may be able to help with. At Advice.co.uk, we offer support and guidance about getting compensation. With the free legal advice offered, from a knowledgable and  experienced claims team, their insights could benefit you today

Whether it was an incorrect prescription, a missed diagnosis or incorrect advice given, you may be able to claim compensation to mitigate the impact that your injuries have had on you.  Why not get in touch with our team today and see how much you could claim?

Am I Eligible To Make A Claim?

Generally, you have a three year period to start a medical negligence claim. This time often starts from the moment you become aware of your injury being caused by negligence. Our team are available to help you if you are unsure about how valid your claim is. We answer calls in complete confidence, or you can use the ‘live support’ portal for on the spot answers to any queries.

Also, you can refer to the National Institute for Health and Care Excellence (NICE). This is an invaluable resource for assessing health care. It provides guidelines on various areas of care, including diagnostics and treatment. You may wish to use this to see whether the treatment you received was negligent according to the guidelines provided by NICE.

Negligent Diagnosis Of An Illness Or Condition

There are a number of ways that negligent diagnosis could result in injury or illness to a patient. The first is missed diagnosis, in which an injury or illness is not picked up by your doctor when you are seen by them. As a result, you may fail to get treatment which could relieve your symptoms, and your condition may worsen. In order for you to claim, you need to show that your condition would not have worsened to the point it did if your doctor had acted in accordance with the standard of their profession. However, not all misdiagnoses are the fault of a doctor. It is vital that when you visit your GP you tell them about every symptom you experience. No detail is too small.

Similarly, you may have been mistakenly diagnosed with a condition that you do not have. This might result in you getting unnecessary treatment, which could cause you to be injured or become ill. If you can prove that your condition was caused by the negligence of your GP, you may be able to claim.

Negligent Treatment Of An Injury Or Condition

Sometimes, your GP may correctly diagnose your condition but still act negligently when administering your treatment. For instance, they may have correctly identified the condition you are suffering from but prescribe you the wrong medication, or the wrong dose of medication, in order to treat it.

In order for you to claim compensation for your suffering, it’s not enough for you to show that your GP acted in a way that caused your injury or illness. You also need to show that they acted in a way that a responsible panel of their peers would not have. This is referred to as the Bolum test.

If a panel of medical professionals confirm that they would not have acted in the same way as the doctor you are claiming against, you may be entitled to compensation. Read on to find out more about No Win No Fee agreements and the benefits they can offer when seeking legal representation in making a claim.

Could I Make A No Win No Fee GP Negligence Claim?

GP negligence claims can be made by anyone. You do not have to use a solicitor to make a claim. However, medical negligence can be a daunting field, and you may find that the support and guidance of an expert solicitor could help the process run much more smoothly.

However, some people may be reluctant to use a solicitor as this kind of representation is often associated with legal fees. But when you work with a No Win No Fee medical negligence solicitor:

  • There are no costs for them to start work on your claim
  • There are no fees to pay as the solicitor works on your claim
  • No fees are owed to the solicitors at all should your case be unsuccessful,
  • If your claim succeeds, a small, legally capped portion of your compensation will be deducted from your settlement to cover their costs.

In addition, if our team of advisors connect you with a No Win No Fee solicitor from our panel, this often means that your claim has a good chance of success. This is because the solicitor won’t be paid unless your claim is successful. Get in touch with our claims team today to see how a No Win No Fee solicitor could help you.

Contact Us

Thank you for reading this guide on making a GP negligence claim. We hope it has provided you with the necessary guidance to start a claim for medical negligence compensation. You can contact our friendly team on the number below with no obligation to continue unless you feel ready. We could connect you with skilled medical negligence No Win No Fee solicitor from our panel who can offer free legal advice. Simply:

  • Call our team to discuss your medical negligence claim in complete confidentiality on 0161 696 9685
  • Write or email for free legal advice
  • Use the ‘live support’ option for on the spot help

Where To Learn More

To sum up, more information is available about:

Statistics On The Number And Types Of Claims Against Doctors

The information below, taken from the NHS Resolution Annual Report 2018/19, shows the number of clinical negligence claims made across different specialities. It also shows the percentage of total claims that each speciality represents.

Specialty % total claimNumber of claims
Emergency medicine131,409
Orthopaedic surgery121,262
Obstetrics101,076
General surgery9927
Gynaecology5569
General medicine5498
Radiology4387
Urology3319
Psychiatry/mental health3312
Gastroenterology2259
Other343,660
TOTAL10010,678

GP Negligence Claim FAQs

As well as the highlighted text throughout this article, you can also refer to the frequently asked questions below for more information.

What happens when I make a claim against a GP?

When you make a claim against a GP, you will need to collect evidence to prove the GP was negligent And it directly resulted in your condition occurring or becoming worse. One way of doing this is the Bolam test. Here, a panel of your GP’s peers will confirm whether or not they would have acted differently when faced with the same situation.

How long do I have to make a claim?

Generally, you have three years from the date of the accident or the date of knowledge to claim compensation. The date of knowledge is the date you became aware that your injuries were the result of negligence. There are some exceptions to this three-year limit, however; get in touch with our team to find out how these could apply to your case.

How could our team help you?

Medical negligence can be a daunting field to navigate without legal training. Furthermore, you may be unsure as to how much compensation you could be owed. Our team can offer free legal advice and may be able to tell you how much your claim could be worth. Speak to us today for a free, no-obligation consultation on your case.

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