When you are sick or ill, the first port of call will often be your general practitioner (GP). Whilst you have a reasonable expectation that your GP will help you get to the bottom of your symptoms, unfortunately sometimes the medical professionals that treat you do not meet the minimum required standard of care. If they fail to meet these standards, then you can suffer negligent treatment from your doctor, and this might cause you harm. In this guide, we will cover all aspects of making a GP negligence claim.
We will start by exploring what a GP negligence compensation claim is and under what circumstances one can be made. Also considered is the time frame in which a claim needs to be made and how much compensation could be awarded for the harm suffered.
Finally, we examine how one of our experienced medical negligence solicitors could help you with your case using a No Win No Fee agreement and explain how this can help you bring a claim without having to pay upfront solicitors fees.
If you would like to get in touch, please claim online to see if you are eligible, and we will get back to as soon as we can.
Browse Our Guide
- What Is A GP Negligence Claim?
- How Could GP Negligence Lead To A Compensation Claim?
- How Do I Prove GP Negligence?
- What Is The Time Limit For Making A GP Negligence Claim?
- How Much GP Negligence Compensation Could I Receive?
- What Is A No Win No Fee GP Negligence Claim?
- Read More About How To Make A Medical Negligence Claim
What Is A GP Negligence Claim?
A GP negligence claim is a type of medical negligence claim (sometimes known as clinical negligence claim) against your GP. Your GP owes you a duty of care to meet the minimum expected standard of care, and if they fall below this and you suffer harm, then you could be entitled to compensation.
When you feel unwell and go to the GP, you take it for granted that you will receive the care and treatment you need. Whilst this is often the case, unfortunately, errors can occur, and sub-standard treatment can be given.
If you or a loved one receives sub-standard care, then you are well within your rights to explore seeking clinical negligence compensation. You will only be able to claim if the care given did not meet the minimum expected standards, so it is possible that you receive a bad outcome, such as a misdiagnosis but that the GP still met the standard expected of them. If negligent treatment led to the misdiagnosis, and this caused harm, then you would be able to claim.
To help decide if your GP met this standard, things like the General Medical Council’s guide to good medical practice and the National Institute for Health and Care Excellence (NICE) guidance can be considered.
The three elements needed to have an eligible medical negligence claim are:
- Your GP owed you a duty of care.
- They breached this duty by falling below the minimum standard of care.
- You suffered harm as a result of the breach of duty.
If you are unsure about whether you qualify for a claim, you can contact us for a free, no-obligation assessment of your circumstances. To help you in the meantime, we will move onto some examples of how GP negligence could occur.
How Could GP Negligence Lead To A Compensation Claim?
Sometimes, it is easier to think in terms of examples, so here are a few scenarios of negligent GP treatment:
- The GP makes an error, and you are prescribed the wrong type or wrong dose of medication (a medication error claim). This fails to fix your symptoms and, in fact, leads to new problems and injury.
- Your GP fails to perform tests that were needed to meet the minimum standard of care. This leads to you being negligently misdiagnosed and a delay in treatment, making your long-term prognosis far worse.
- Vital paperwork is lost or misplaced by a GP, and you are not referred in a timely manner. This results in a delayed diagnosis of your condition, and you miss treatment that would have resulted in a better overall outcome.
- A GP forgets to follow up on test results. Had they looked at the test results, it would have alerted them to a potentially serious medical condition that you are suffering. This leads to a poor prognosis.
These are just some examples of medical malpractice that could lead to successful medical negligence claims. To discuss your exact circumstances and see if you have a GP negligence claim, contact an advisor today.
How Do I Prove GP Negligence?
All clinical negligence claims require evidence. You need to prove that your GP breached their duty of care to you. It is also necessary to prove that this breach of duty caused you harm that you wouldn’t have sustained otherwise.
Evidence that can be used in clinical negligence claims includes:
- Your GP records
- Other relevant medical records, e.g. from a hospital
- Scan or test results
- Treatment notes
- Medical reports that detail your current prognosis
- A diary of your symptoms and how they impacted you.
Clinical negligence solicitors can be helpful in deciding the best way to prove your claim. You can see if you can work with one of our expert GP negligence solicitors by getting in touch with us.
What Is The Time Limit For Making A GP Negligence Claim?
A GP negligence claim must be brought within the correct time limit. The Limitation Act 1980 sets out the usual time frame, which is that a case for medical negligence must typically be brought within 3 years. This is from the date of the negligence of your GP or 3 years from when you knew, or reasonably should have known, that the negligence occurred.
There are some exceptions to this. The first is if the case involves someone under the age of 18, as they will have until their 21st birthday to bring a claim. The second is for people who lack the capacity to handle their legal affairs, and they have 3 years from the date they regain capacity to bring a claim.
In both instances, a litigation friend can begin a claim at any point. A litigation friend is a suitable adult, e.g. parent, guardian or sibling (but being a family member is not a requirement). The court will approve a Litigation friend during proceedings.
How Much GP Negligence Compensation Could I Receive?
Compensation in clinical negligence claims could be made up of two types of damages. The first is for your pain and suffering and is called ‘general damages’. This includes psychological conditions the negligence has caused, such as post-traumatic stress disorder. The second type of damages is called ‘special damages’ and is for the financial losses that are caused by medical negligence.
Looking at general damages first, it is usually the case that an independent medical report will be obtained. This will detail the avoidable harm suffered and give a prognosis where possible for any ongoing issues or symptoms. This can be arranged by your legal representative at a time and place convenient to you.
A medical report will usually be used in conjunction with a document called the Judicial College Guidelines (JCG), which gives guideline compensation brackets for a wide range of injuries. This will allow those handling your case to accurately value the damages for your injuries.
Every case has injuries and/or illnesses that are unique to each individual, therefore, settlements for each successful GP negligence claim will vary depending on the circumstances of the case. The table below contains some JCG figures. It is only intended as guidance. Please also note that the first figure includes special damages and does not come directly from the JCG,
| Injury | Severity | Guideline Compensation | Notes |
|---|---|---|---|
| Multiple serious injuries and loss of earnings | Serious | £1,000,000 plus | A variety of serious injuries and significant loss of earnings and other expenses. |
| Brain | Very Severe | £344,150 to £493,000 | Little if any meaningful response to the environment. |
| Moderately Severe | £267,340 to £344,150 | Very seriously disabled with high dependency on others. | |
| Kidney | Serious Damage Affecting Both | £206,730 to £256,780 | Serious and permanent damage to both kidneys. |
| Female Reproductive System | Infertility | £140,210 to £207,260 | Infertility, sexual dysfunction, severe depression and pain. |
| Leg Amputations | Above-Knee Amputation of One Leg | £127,930 to £167,760 | Amputation and phantom pains with associated mental problems. |
| Eye | Total Loss of One Eye | £66,920 to £80,210 | Total loss of an eye with potential psychological impact. |
| Back | Severe (iii) | £47,320 to £85,100 | Chronic conditions where despite treatment or surgery disabilities remain |
| Taste and Smell | Total Loss of Taste and Smell | In the region of £47,810 | Total loss of taste and smell. |
| Ear | Total Loss of Hearing in One Ear | £38,210 to £55,570 | Can include tinnitus, dizziness or headaches. |
Can I Claim For Loss of Earnings After Negligent GP Treatment?
Medical negligence compensation can include items of financial loss (special damages), as we talked about above. Here are some examples of special damages that could be claimable:
- Past loss of earnings
- Future loss of earnings
- Loss of pension entitlement
- Home or vehicle adaptations
- Care costs
- Travel expenses
- Rehabilitation costs
You will need documentation of the costs you would like to be reimbursed. This can be done with things like wage slips, bank statements, invoices and the like. For more information on the financial losses that you can claim in a compensation claim, you can contact us.
What Is A No Win No Fee GP Negligence Claim?
Making a medical negligence claim can be a daunting prospect, and you could be worried about paying solicitor’s fees. Fortunately, there is a solution to this problem as our clinical negligence solicitors can offer you a Conditional Fee Agreement (CFA) if your case is accepted.
A CFA allows you to bring a No Win No Fee claim for GP negligence compensation, and it carries with it certain benefits:
- There is no requirement to pay upfront for the solicitor’s work on your GP negligence claim.
- Ongoing solicitor fees do not need to be paid as your case progresses.
- If your case is unsuccessful, there are no solicitor’s fees.
If your case is successful, then your solicitor will be due a ‘success fee’. A success fee is only due to your solicitor if you win your case and the level of the percentage is agreed upon with you before your claim starts. It will be deducted from the clinical negligence compensation that has been awarded to you.
Should you want to work with one of our clinical negligence solicitors to help you with your claim you can contact us online to start the ball rolling.
Read More About How To Make A Medical Negligence Claim
We hope that you now have a better idea about what is involved in making a medical negligence claim. Here are some further resources that may prove useful to you:
- Read about birth injury compensation claims
- Find out how to claim on behalf of a loved one if they passed away due to medical negligence.
- Learn how to make a hospital negligence claim.
Here are some external resources
- You can learn how to report concerns about your doctor to the General Medical Council.
- Find out when to use NHS 111.
- The Royal College of Nursing set out its principles of nursing care.
Thank you for reading this guide about making a GP negligence claim.