How to make a GP negligence claim
Published - 21/09/2023
Suffering as a result of GP negligence can significantly impact yourself and your loved ones. You may have suffered needlessly, or your condition worsened due to a negligent misdiagnosis. Resolving medical negligence is important so mistakes can be identified and avoided in future. However, if your GP's mistake has significantly impacted your life, you may need GP negligence compensation to cover you and your family's losses. In this article, you will learn about GP negligence, when to make a claim versus a complaint and what you will need to succeed.
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Learn how to identify GP negligence and when you could be eligible for compensation.
We explore the circumstances when making a formal complaint may be better than making a negligence claim.
Learn about the documents, information and evidence that you will need to build a case.
Discover how long you have to claim for medical negligence in England and Wales and any exceptions.
Find out when you can make a medical negligence claim for a family member if they are unable to.
Learn about the benefits of seeking legal assistance with a medical negligence claim
What is GP negligence?
Identifying malpractice from your GP is the first stage of your clinical negligence claim journey. GP negligence is when a General Practitioner fails to uphold a duty of care which results in personal injury or loss, including psychological or financial loss. Some common examples of GP negligence could include the following:
- Misdiagnosing a condition.
- Prescribing the incorrect medication
- Failure to conduct an adequate examination
- Delays/failures in referrals or testing
- Failure to acknowledge the patient's own experience or medical history.
When to complain and when to claim for GP negligence
If you think you are a victim of GP negligence, it can be hard to determine whether you should make a medical negligence claim. In some cases, you may be eligible for GP negligence compensation. However, this largely depends on the kind of mistake made and how it has impacted you in the long term. Here, we explain when to follow the complaints procedure and when to make a claim.
When to complain
A complaint is more appropriate if negligent medical treatment has not resulted in personal injury or loss or if the error does not suggest failings in the GP’s duty of care. For example, if you received an inadequate examination but this has not resulted in any additional harm/loss. Alternatively, you may have been misdiagnosed after adequate testing or assessment; however, another medical professional would have also reached a similar conclusion. Also, in circumstances where medical treatment reached no resolution, clinical negligence lawyers are unable to help. In that case, you should make a complaint instead.
You will not receive compensation for a complaint, but these can be very important to help private or NHS practices prevent these avoidable medical mistakes in the future. You can write a letter to the doctor or practice to report your negative experience. Make sure to include as much detail as possible such as times, dates and locations of any treatments. Be sure to include the names of anyone involved and describe what happened. Be clear about the resolution that you want.
When to make a GP negligence claim
It is better to make a claim if you have suffered a loss or injury due to GP negligence. Also, a claim would be more appropriate if you can prove that a General Practitioner has acted negligently when other healthcare professionals would have acted differently. A medical negligence case also requires proof that the negligence has resulted in a loss, independently of other factors.
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What proof do you need for a GP negligence claim?
There are a few things you need to prove the negligence that you have experienced. These include:
Breach of duty of care
You need evidence of what should have been done but wasn't, for example, if your GP did not arrange preliminary tests or a follow-up appointment. Alternatively, if the GP didn't conduct an adequate examination or identify a condition later discovered, this can be used as evidence in your negligence claim.
Causation
You will also need evidence of how the breach of duty of care caused further harm. For example, if your GP did not arrange for specimens to be taken and tested, which leads to a late cancer diagnosis, subsequently impacting your quality of life or chances of survival. You can prove that this negligence may have led to further harm.
How long do I have to make a medical negligence claim?
Victims of medical negligence in the UK have up to three years from the event to start a claim. The three years start from the occurrence of negligent treatment or from the date you learned of the negligence. For example, if a delayed diagnosis results in delayed cancer treatment, you can make a negligence claim up to three years after the diagnosis. Moreover, if the patient has suffered a brain injury due to GP negligence, leading to a loss of capacity, you can claim at any point after the incident.
Can I claim on behalf of someone else?
A parent or guardian can make a medical negligence claim for an under-18-year-old until the child's eighteenth birthday. The child can make their own medical negligence claim after they turn eighteen.
A family member can claim if the victim of medical negligence has passed away without making a claim. Finally, in the cases of severe mental health issues or brain injury which would prevent a patient from being able to make a clinical negligence claim, a relative can act on their behalf.
How can a medical negligence lawyer help?
Making a case for a medical negligence claim can be challenging. You will need to reflect deeply on a possibly traumatic period, and ensure you have the sufficient evidence and the proper documents to make a successful claim. With a specialist clinical negligence solicitor you stand the best chance of success.
At Wake Smith solicitors, we will take responsibility for building and making your claim, easing the pressure of your life-changing case. We can do so under a no-win no-fee arrangement which we will explain to you.
Get in touch with one of our experts in medical negligence compensation claims who can offer a free consultation.
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Frequently Asked Questions
How successful are medical negligence claims?
In 2022, around 86% of medical negligence claims against the NHS succeeded. If you need financial support to cope with the impact of medical negligence, it would be worth making a claim.
What is the most common example of negligence?
One of the most common kinds of GP negligence is misdiagnosis. This includes avoidable, delayed, incorrect or missed diagnoses that have resulted in personal injury or loss. If you are a victim of this kind of clinical negligence, contact one of our solicitors.
What to read next
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What are the most common examples of GP negligence | Are you a victim?