Everything you need to know about GP negligence | Types, making a claim, claiming on behalf of another and negligence compensation

Published - 22/09/2023

GP negligence refers to a situation where a General Practitioner (GP) fails to provide adequate medical care to their patient, resulting in harm or injury to the patient. Negligence can take many forms, including misdiagnosis, failure to diagnose, delayed diagnosis, prescription errors, or failure to refer the patient to a specialist when necessary. If a GP breaches their duty of care to the patient and their negligence causes harm, the patient may have a legal right to pursue a compensation claim.

This article contains everything you need to know about GP negligence and making a claim. You will learn about common cases of GP negligence, what injuries to claim, and how to claim for yourself or on behalf of the deceased. Finally, you will learn about the kind of medical negligence compensation you could be entitled to.

Common cases of GP negligence

GP negligence is when your general practitioner fails to uphold an adequate standard of care, resulting in harm to the patient. Some common cases of GP negligence include:

• Failure to act on unusual test results could lead to delays in referrals or treatment and even result in the patient not receiving crucial medications.
• Failure to diagnose a condition – missing key symptoms, not listening to the patient’s recount, or even a lack of expertise and medical knowledge could result in harm.
• A failure to arrange preliminary tests such as blood tests, scans or biopsies that would help to diagnose the condition.
• Failure to refer the patient to a specialist for further examination and treatment could result in delayed diagnosis, treatment and a potential worsening of the condition.
• Misinterpreting a patient’s test results could result in a missed or incorrect diagnosis.

GP negligence – misdiagnosis

A common type of GP negligence is misdiagnosis; this is when a GP diagnoses the wrong condition, which can result in incorrect medical treatment, referral to the wrong specialist or delayed treatment for the actual condition. This serious error can result in significant harm to the patient or even wrongful death.

Here are some commonly misdiagnosed conditions which can result in serious harm if not identified and treated correctly.

• Cancer
• Diabetes
• Meningitis
• Heart conditions
• Broken bones
• Head injuries
• Appendicitis
• Sepsis

GP negligence – delayed diagnosis

A delayed diagnosis can occur if your GP has missed vital symptoms. This can lead to late treatment and persistence or worsening of your condition. Some cases of delayed diagnosis can have significant impacts. A late cancer diagnosis could result in limited treatment options while a missed meningitis diagnosis could be fatal.

What should you do if you receive a delayed or misdiagnosis?

1. Record any communication you had with your GP and relevant appointments.

You must prove that your GP acted negligently when they missed your disease or condition. The best way to prove this is to keep as much documentation on your treatment as possible. You will also need to confirm that the missed diagnosis was the cause of your injury or other loss.

2. Seek legal advice from a law firm that specialises in medical negligence

Often, patients are unaware of negligent treatment until they receive the correct diagnosis. In this case, you will need a specialist clinical negligence solicitor to help you gather evidence.

Have you been affected by GP negligence from your GP?

Speak to a specialist medical negligence solicitor

Which injuries can you claim GP negligence for?

You may think that only significant injuries are severe enough to be eligible for compensation, but even minor injuries can significantly impact the claimant’s life.

Your medical negligence solicitor will determine the possible outcomes of your case after reviewing the details and your losses. However, here are some cases where successful medical negligence compensation payouts may be likely:

• Misdiagnosis or delayed diagnosis of cancer or other life-threatening conditions.
• Prescription errors resulting in serious harm, such as organ damage or disability.
• Medical negligence or treatment that ultimately resulted in a patient’s death.
• Negligent treatment that resulted in a severe brain injury or permanent brain damage.
• Negligent treatment leading to severe complications or long-term disability.
• GP negligence resulting in long-term loss of fertility.

How to make a GP negligence claim

The first stage of making a medical negligence claim is identifying the mistake and the healthcare professionals involved. Provide detailed documentation (to the best of your knowledge) of individuals involved, the dates of your appointments and what was discussed.

You must prove that the treatment was negligent, so the more detail you can provide to your medical negligence lawyers, the better. A second opinion is usually obtained to confirm negligence. Then you must prove that the negligent treatment was the direct cause of your injury or loss. This means that you would not have suffered the loss had the GP provided the proper care to you.

What should you do if a loved one has died due to GP negligence?

The law allows spouses, parents, children or siblings of the deceased to claim compensation on behalf of the deceased patient either through their estate and/or under the Fatal Accidents Act 1976, depending on the circumstances of the case. We would recommend you seek legal advice as soon as you suspect that GP negligence resulted in the death of a loved one.

How much could you be entitled to receive in compensation

No two medical negligence cases are the same, and your solicitor will determine what you could be owed at your initial consultation. Bodily injuries and psychological damages come under general damages and guidance is provided by your legal representatives and the courts. Other losses, such as psychological or financial loss, are categorised as special damages. Special damages will be estimated at your consultation, but you can get an idea based on any lost income, medical expenses, funeral or rehabilitation costs. Specialist clinical negligence solicitors will guide you through the whole process.

Speak to our team today about arranging an initial consultation – see how much you could be owed.