By Cat Grayson. Last Updated 13th July 2023. In this guide, we’ll discuss how to make a GP negligence compensation claim. All medical professionals owe their patients a duty of care, including GPs. Should one breach their duty of care, causing you to suffer unnecessary harm, you may be eligible to make a GP negligence claim.
This guide will also discuss compensation in medical negligence claims, including what you could potentially claim for and how professionals value different areas. Following this, we’ll touch on how GP negligence can occur, and the evidence that could be used to help support your case.
Finally, this guide will touch on claiming against a negligent GP with a No Win No Fee solicitor. Our panel of expert solicitors take on claims from around the UK, and have years of experience in medical negligence law. Read on to learn more, or contact one of our friendly advisors to get started:
Select A Section
- Calculate Compensation For A GP Negligence Claim
- Types Of Damages Awarded For Medical Negligence
- What Is A GP Negligence Claim?
- What Duty Of Care And Standards Should A GP Meet?
- Causes Of Negligence By A GP
- GP Negligence Claim – Evidence You’ll Need
- Could I Make A GP Negligence Claim With A No Win No Fee Solicitor?
- Where To Learn More
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.
|Type of Harm||Notes||Amount|
|Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (i)||The remaining eye suffers a serious risk of further deterioration, going beyond the risk of sympathetic ophthalmia.||£95,990 to £179,770|
|Bowels||Depending on their age, the person may require a colostomy due to the total loss of the bowels natural function.||Up to £150,110|
|Total Deafness and Loss of Speech||Deafness would have occurred at an early age, potentially due to a rubella infection. This will also impact the development of normal speech.||£109,650 to £140,660|
|Epilepsy||Established Petit Mal epilepsy. How much is awarded will be affected by various factors such as whether the attacks can be controlled with medication and the prognosis.||£54,830 to £131,370|
|Bladder||The bladder's control has seriously been impaired and the person experiences some incontinence and pain.||£63,980 to £79,930|
|Lung Disease||A disease such as emphysema that significantly worsens the lungs function and will impact sleep.||£54,830 to £70,030|
|Digestive System (b)(i)||Vomiting, diarrhoea and acute pain caused by severe toxicosis.||£38,430 to £52,500|
|Kidney||One kidney has been lost. The other has suffered no damage.||£30,770 to £44,880|
|Asthma||Breathing difficulties caused by chronic asthma. The person will need to use an inhaler frequently.||£26,290 to £43,010|
|Hernia||A direct inguinal hernia that risks reoccurring after being repaired.||£7,010 to £9,110|
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.
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.
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.
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?
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.
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 fulfill 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.
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.
You could potentially make a GP negligence claim if you have suffered harm due to a GP breaching their duty of care. Evidence is crucial for proving that you were harmed by GP negligence. Some of the evidence that you could collect to help support your claim includes:
- Correspondence with the medical institution where the negligence occurred following a direct complaint.
- Photographs of any physical symptoms (e.g., rashes.)
- A copy of your medical records or GP’s notes – this could help with proving that you were misdiagnosed with the wrong injury/condition, or that you were prescribed the incorrect medication.
However, it is important to remember that in certain circumstances, you might not be able to make a claim. For example, if you suffer an allergic reaction to a medication you were prescribed by your GP, but neither you nor your GP was aware of this allergy, you could not make a claim.
Contact one of our friendly advisors today to see if you may be eligible for compensation if you have suffered harm due to a negligent GP.
Time Limits For GP Negligence Claims
Usually, you will have three years to start a GP negligence claim, either from the date you were harmed, or the date you first connected the harm with negligence. This is set out by the Limitation Act 1980. However, there are some exceptions to this limit.
For example, the time limit is frozen temporarily for those under the age of 18. The time limit reinstates on the claimant’s 18th birthday and ends on their 21st. However, at any point while the time limit is frozen, a litigation friend can start proceedings on the claimant’s behalf.
Similarly, the time limit is frozen indefinitely for those who lack the mental capacity to make a claim for themselves. During this time, a litigation friend could act on their behalf. If they regain this mental capacity and a claim has not been made, they will have three years to start one from the date of recovery.
Contact our team today to learn more about time limits in medical negligence claims.
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. You can:
- 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
To sum up, more information is available about:
- The Department of Health complaints procedure
- Guidelines for GPs in the UK.
- Standards of care for dentists
Other Medical Negligence Guides
- Medical Negligence Compensation Claims
- Care Home Negligence Claims
- Pharmacy Prescription Error Claims
- Optician Negligence Claims
- Botched Derma And Lip Filler Claims
- Wrongful Death Caused By Medical Negligence
- Dental Negligence Compensation Claims
- Suing The NHS For Medical Negligence
- Surgical Error Negligence Claims
- Claiming Compensation For Hospital-acquired Infections
- Medication Errors At Nursing Homes
- Frequently Asked Questions On Medical Negligence Cases
- How Much Compensation For Dental Negligence?
- How To Claim Compensation For An Operation Gone Wrong
- Reporting Negligence In A Nursing Home
- How To Make A Claim Against The NHS
- How To Prove A Medical Negligence Claim
- Death In A Care Home – How To Claim Compensation
- Time Limit On Medical Negligence Claims Against The NHS
- Walk-in Centre Negligence Claims
- Birth Injury Claims
- Making A Blood Transfusion Claim
- Misdiagnosed Stroke Claims
- What Circumstances Are Classed As Medical Negligence?