Visiting your GP usually means having them assess your symptoms, diagnose the problem, and arrange treatment. However, if your GP makes a mistake, it could mean a delay in treatment, the wrong treatment, or no treatment at all. Importantly, if you suffer as a result, you may be eligible to make a GP negligence claim for compensation.
Proving medical negligence against a general practitioner can be challenging. However, we’re here to guide you through the claims process. To begin, we’ll review the details of your case and offer free advice. If we believe your claim has a reasonable chance of success, a specialist medical negligence solicitor could discuss it with you further.
If you decide to proceed with a claim, they will manage the case on a No Win No Fee basis. This means you won’t pay any fees unless you’re awarded compensation.
We are ready to help if you’re ready to begin a GP negligence claim. To start the claims process today, you can call us on 0800 6524 881. Alternatively, please carry on reading if you’d like to know more about how to sue a doctor for negligence.
Table of contents
- Am I Eligible To Make A GP Negligence Claim?
- Common Causes Of GP Negligence Claims
- What Types Of Negligence Could A Doctor Be Sued For?
- How Much Compensation For GP Negligence Could I Claim?
- Evidence To Support A GP Negligence Claim
- Time Limits For Claiming GP Negligence Compensation
- How Long Do GP Negligence Claims Take?
- Do I Need A Solicitor To File A GP Negligence Claim?
- Starting The GP Negligence Claims Process
Am I Eligible To Make A GP Negligence Claim?
It’s important to note that GPs cannot stop patients from suffering all of the time. There are occasions where the patient’s symptoms cannot be cured no matter what action the GP takes. On these occasions, a claim against a doctor will be unlikely. The criteria your solicitor will check before accepting your case are:
- Was your doctor negligent? This means did they act below the standard you could reasonably expect from a competent medical professional in similar circumstances?
- Did GP negligence cause you to suffer? This is known as causation. Essentially, to prove causation you must show that your GP’s actions directly led to the injury or illness you are claiming for.
If you ask the question, “but for my GP’s negligence, would I have still become ill?” and the answer is no, you may have grounds for a claim.
In terms of proving negligence, your medical negligence solicitor will use a similarly skilled independent medical expert. They’ll check whether they’d have acted differently to your GP. This is called the Bolam test. If they agree with the way your GP acted, a claim wouldn’t proceed. However, if they believe the doctor’s actions were wrong, your claim could continue.
Common Causes Of GP Negligence Claims
What forms of negligence by your GP could mean you’re eligible to claim compensation? Some common examples include:
- Diagnosis errors. You may be able to claim if you suffered because of a misdiagnosis or a delayed or missed diagnosis.
- Prescription errors. If you’re prescribed the wrong medication because of a prescription error, it can lead to suffering in two ways. Firstly, you may have an adverse reaction to the incorrect drugs. Secondly, your underlying illness could worsen due to a lack of proper treatment.
- Failure to refer for tests. Sometimes, GPs need to refer their patients to specialists for additional testing. For example, if you show symptoms of cancer, you may require further blood tests for a diagnosis. If you are not referred and your condition worsens as a result, you could be eligible to claim compensation.
- Failure to review medical history. GPs should review a patient’s medical history before making decisions about treatments. If your GP failed to consider relevant past conditions or allergies and this led to harm, you could have grounds for a claim.
If you believe that your GP’s negligence has caused you to suffer, please get in touch to find out if we could help you claim.
What Types Of Negligence Could A Doctor Be Sued For?
Doctors undergo years of training to ensure they have the skills and knowledge to treat patients correctly. However, if they fail to follow the appropriate procedures and you suffer as a result, you are within your rights to seek compensation for your suffering. Importantly, GP negligence claims can be made against both private and NHS doctors.
Some examples of why a patient might want to sue a doctor for negligence include:
- Suffering due to an adverse reaction to a medication that was wrongly prescribed.
- A cancer became inoperable due to a delay in diagnosis.
- Suffering caused by an allergic reaction to medication that contained an allergen listed in the patient’s medical records.
- The doctor failed to monitor an ongoing condition properly, resulting in a worsening of the patient’s health.
- The GP failed to refer their patient to a specialist when their symptoms warranted further investigation, causing their condition to deteriorate.
Of course, there are many other reasons a patient might want to sue a negligent doctor, so please contact our claims advisors if you have any questions.
How Much Compensation For GP Negligence Could I Claim?
No two GP negligence claims are the same, so it’s not possible to predict the exact compensation amount you might receive if your claim is successful.
However, compensation is designed to cover various aspects, depending on your circumstances, such as:
- The pain and suffering you’ve endured, as well as loss of amenity (explained further here).
- Any loss of income and/or future losses.
- Care costs, including the value of time spent by a loved one looking after you.
- Travel-related expenses for medical appointments or treatment.
- Costs of private remedial medical treatment.
- Home and/or vehicle adaptions if GP negligence has left you disabled.
If your claim is taken on by a medical negligence solicitor from our team, they’ll carefully review all aspects of your case to ensure nothing is overlooked.
Claiming Compensation For The Loss Of A Loved One
While no amount of money will make the loss of a loved one better, you might need to claim at some point. As well as claiming on behalf of the deceased’s estate, you might be entitled to a bereavement payment too. Also, claims can be made by those who were financially dependent on the deceased and those who incur costs like funeral expenses because of the GP’s negligence.
If you would like to find out how we could help you claim for a GP’s negligence, please get in touch today.
Evidence To Support A GP Negligence Claim
During your GP negligence claim, your solicitor will help gather as much evidence as possible to support your case. This can include:
- Your medical records. These can help establish what treatment you were offered and any suffering caused if your GP is proven to have been negligent.
- A statement from you. This will make it easier for you to convey how you were affected by the treatment you received.
- Independent expert reports. Most claims require a report from a medical professional in the same field as your GP. If necessary, you’ll be asked to attend a medical assessment as part of the claims process. This appointment is usually arranged by your solicitor close to your home.
- Photographic evidence. If you have any visible signs of your suffering (such as scarring or physical injury), take plenty of clear photographs as evidence.
- Witness statements. Your solicitor may also ask friends or family to describe how you’ve been affected by your illness or injuries, helping to corroborate the extent of your suffering.
- Records of correspondence with your GP. If you raised concerns with your GP through emails, letters, or appointments and they failed to act, this can be vital evidence to support your claim.
- Proof of financial losses. Any documentation that shows financial losses related to the negligence, such as receipts for medical expenses, travel costs for treatment, or loss of earnings, will help strengthen your claim.
Our team of solicitors knows what evidence is needed for GP negligence claims. If you’d like us to check whether they could help you take action, please call today.
Time Limits For Claiming GP Negligence Compensation
You’ll usually need to start a claim for GP negligence within a 3-year limitation period. After that time, your claim could be statute-barred so it’s important to act quickly. The time limit will generally commence from:
- The date your GP treated you negligently; or
- From a later point if you only became aware later that the injury was linked to your GP’s negligence.
By starting your claim early, it’s often easier to explain how you have suffered. Also, you’ll give your solicitor the time needed to prepare your case and gather the evidence before it needs to be filed.
If you’d like to check how long you’ve got left to make a GP negligence claim, please speak to us today.
How Long Do GP Negligence Claims Take?
The time it takes to settle a GP negligence claim can vary depending on the complexity of the case. For example, if liability is clear and the extent of the injury is well-documented, the claim may be resolved within a few months. However, if liability is disputed or there are severe, long-term injuries, a claim may take over a year or more to conclude.
Typical factors that can affect the duration include:
- The severity of the injury. If your injuries are ongoing, it might take longer to assess the full impact of the doctor’s negligence and secure the necessary medical evidence.
- Availability of evidence. Gathering medical records, expert reports, and witness statements can take time, especially if there are delays in receiving documentation.
- Negotiations with the defendant. If the GP or their legal team disputes liability or the compensation amount, negotiations can prolong the process.
- Court involvement. While many cases are settled out of court, if the claim goes to court, it can significantly extend the timeframe.
Your medical negligence solicitor will be able to provide a more accurate estimate based on the specific details of your case. They will also keep you updated throughout the GP negligence claims process.
Do I Need A Solicitor To File A GP Negligence Claim?
In our lengthy experience, proving medical negligence against a GP/doctor can be quite tricky and you’ll need quite complex evidence to prove your case. We believe the chances of being compensated fairly might be improved if you have specialist legal representation.
If one of our team of medical negligence solicitors takes your case on, they’ll work hard to secure the evidence needed to prove what happened. They’ll work on a No Win No Fee basis and handle all aspects of the GP negligence claims process for you.
If there are objections regarding liability for your injuries, your solicitor will fight your corner. Where needed, they’ll provide extra evidence to try and counter any arguments. Throughout the claims process, you’ll be given regular updates about the progress of your case.
Starting The GP Negligence Claims Process
If you’re ready to start the claims process, please contact our team today. You can call us on 0800 6524 881, reach out via live chat, or fill out one of our online contact or callback forms.
One of our advisors will review your GP negligence claim, provide free legal advice, and explain your options, without any obligation to proceed.
