What should you do if you are the victim of a delayed diagnosis from a GP?
Published - 22/09/2023
A general practitioner (GP) is often the first point of call for non-urgent health concerns. A GP has the responsibility of providing you with an accurate diagnosis and treatment option – however, what happens when you are let down by a GP and don’t receive the expected level of care? In some instances, patients may be caused harm if a diagnosis is delayed.
Find out more about what you can do if you experience delayed diagnosis and how Wake Smith can help you in making a GP negligence claim.
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Find out more about GP negligence and why this may occur.
Read what is required to prove GP negligence.
Find out the difference between making a formal complaint and a compensation claim.
Find out what compensation you can expect if you make a GP negligence claim.
Read how Wake Smith’s medical negligence solicitors can help.
What is GP negligence, and when may this occur?
GP negligence is a type of clinical malpractice that can occur when a GP fails to provide the expected standard of care, causing a patient to experience avoidable harm or the worsening of a condition or personal injury. If a GP fails to diagnose an illness or condition, or if they provide incorrect advice or treatment, patients may come to harm, which can require an additional cost or impact quality of life.
Common examples of GP negligence may include the failure to examine a patient during a consultation or the failure to recognise symptoms of a medical condition. Refusing to refer a patient to a specialist or hospital for further investigation, which then results in a patient waiting too long for a diagnosis, can also be treated as a delayed diagnosis claim. The failure to communicate test results to the patient in a timely manner may also result in delayed diagnosis and can sometimes lead to delayed treatment.
Learn about the different types of negligence claims here.
What should you do if you are the victim of a delayed diagnosis?
A misdiagnosis is a common type of GP negligence that can occur when a GP fails to diagnose an illness or injury correctly in a timely manner. Delayed diagnosis is a possible consequence of GP negligence and can sometimes even be life-threatening. If you suspect that you have suffered from delayed diagnosis, it is important to take the following steps:
1. Keep a record of any communication with your GP and relevant appointments
To prove GP negligence, you need to show that the GP breached their duty of care and that this breach caused you harm. You will often need the help of a medical negligence law firm to gather this evidence.
It is important to keep a record of any relevant appointments with your GP, as well as the outcome of these and the time and date they occurred. Do not destroy any texts, emails or letters from medical professionals. These could all be relevant to your case and may be used as evidence of delayed diagnosis to complete your claim.
2. Seek legal advice from a law firm that specialises in medical negligence
If you have suffered harm due to a delayed diagnosis, you may be eligible to make a claim and receive clinical negligence compensation. We recommend seeking expert legal advice from a medical negligence solicitor as soon as possible. A solicitor can help you gather useful evidence and liaise with the appropriate medical professionals. By working with medical negligence solicitors such as Wake Smith, you can be sure that you have a team fighting on your behalf. Learn more about GP negligence from our complete guide or inquire ask us a question about clinical negligence.
Have you been the victim of a delayed diagnosis by a GP?
Contact us today to find out how we can help.
When should you make a formal complaint instead of a delayed diagnosis claim?
If you are unhappy with the level of care you received from your GP, you can make a formal complaint to their practice if you would be satisfied with receiving an explanation and apology from a medical professional. However, bear in mind that it is recommended to work alongside a medical negligence law firm if you wish to receive the necessary delayed diagnosis compensation by making a legal claim.
Make a claim with Wake Smith today. Receive the compensation you deserve.
Will you receive compensation for your delayed diagnosis case?
If you can prove you have suffered harm because of GP negligence, you may be entitled to receive compensation for the harm you suffered. This may include mental side effects as well as physical. The amount of GP negligence compensation you can expect to receive depends on the severity of your case and your losses. To ascertain the amount of compensation you deserve, contact medical negligence lawyers.
Are you unsure whether you’re eligible for compensation?
Contact Wake Smith for a free consultation
How can Wake Smith help?
Here at Wake Smith, our experienced team of medical and clinical negligence solicitors can help you to pursue any type of GP delayed diagnosis claim. We help our clients to make claims against healthcare providers, whether private or on the NHS.
Pursuing a medical negligence claim can sometimes be an emotional process; so our team make the process as straightforward as possible. At Wake Smith, we also understand that court cases can be lengthy and expensive, so we will always encourage dispute resolution, such as mediation, where applicable.
For more information or to receive solicitor advice on whether you might be eligible to make a GP negligence claim, please call us or complete our contact form.
Have you experienced meningitis negligence from a healthcare professional? Read our guide to meningitis negligence claims.
Frequently asked questions
What evidence do you need to prove delayed treatment was due to medical negligence?
You need to provide sufficient evidence that the GP is at fault for the delayed diagnosis and subsequent harm rather than other factors. This may be provided through relevant emails, text messages, your history of appointments and their outcomes. A second medical opinion can be useful for confirming negligence. An experienced medical negligence solicitor can assist you in gathering information about how this negligence caused you harm.
How long does a GP medical negligence claim take to be settled?
The length of time it takes to settle a GP medical negligence claim varies greatly depending on the complexity of the case and whether liability is admitted. Cases can be resolved in several months if liability is admitted. However, many cases take 2-3 years to settle.
How much time do you have to make a delayed diagnosis claim?
Generally, a delayed diagnosis compensation claim should be started within three years from the date the negligence occurred, or the date you were first aware of the negligence. With the time it takes to build a case, it’s imperative you contact a team of professional solicitors as soon as possible.
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