GP Negligence Claims

GPs are required to have a broad understanding of many medical fields. In theory, this means they can provide appropriate care for most patients and afflictions and ensure they are referred to specialists where necessary.

Sometimes, however, GPs fail in their duty of care to you, with potentially devastating implications for the patients concerned. Where such failures affect you and your health, you may be entitled to make a GP negligence claim.

Can I Claim for GP Negligence?

There are several instances where failures on the part of your doctor or GP may entitle you to make a GP negligence claim:

• Where your GP fails to diagnose you properly
• Failure to carry out sufficient testing to recognise the development of a patient’s condition
• Where it is not possible to make an appointment to see your GP or doctor and this allows your condition to go undiagnosed and untreated for longer
• Insufficient or inappropriate examination and analysis of said test results

The above is not intended as an exhaustive list of all potential scenarios where you may be able to make a GP negligence claim.

How to make a GP negligence claim

To make a claim for GP negligence, it is advisable that you speak with a medical negligence solicitor, as they will be best positioned to guide you through your claim.

When you speak with a solicitor, they will be able to determine if your situation or concern has arisen because of negligence, on the part of a GP. They will then be able to establish whether you are within the time limit to make a claim.

Impact of a negligent GP

Going to your GP is often the first interaction you may have about a health problem. Therefore, it is imperative that the correct advice is given in the first instance. Incorrect advice or medication can lead to a worsening of conditions in the future.

• Cancer misdiagnosis allows the disease to progress to a more aggressive and more dangerous stage, regardless of which cancer the patient may be suffering from. This has a direct impact on patient survival rates and the suffering they and their families endure. GPs are often the first point of contact a sufferer will have with the NHS and they’ll usually provide the first diagnosis of the condition. Even where cancer is suspected, not all GPs will follow the guidelines in making an urgent two-week referral for the patient to see a specialist – causing what might be critical delays.
• An undiagnosed heart attack or failure to diagnose symptoms associated with a greater risk of a heart attack will lead to the condition going untreated, and the increased risk of a more serious heart attack in the future.
• An undiagnosed stroke, misdiagnosis of a stroke or a transient ischaemic attack (sometimes referred to as a mini-stroke) can mean the patient is exposed to elevated risks of a similar or more serious stroke occurring again in the near future.
• Failure to identify conditions during pregnancy that pose a risk to the mother or baby, and which may cause birth injuries.
• Failing to diagnose osteopathic injuries such as broken bones and fractures or misdiagnosis of serious leg injuries, arm injuries, back injuries, neck injuries, and shoulder injuries as mere aches, pains or bruising, can delay treatment and cause these conditions to worsen. This can cause the patient to suffer long-term effects which could have been avoided if diagnosis and treatment were prompt.
• A GP assessing residents of a care home may misdiagnose malnutrition, injuries from falls (including broken bones and fractures) or early signs of pressure sores, allowing these inflictions to worsen and become more painful. Any of these can be critical to the health of a more elderly, vulnerable patient. Where serious pressure sores are eventually diagnosed, there are likely to be grounds for either a care home negligence claim or a GP negligence claim, dependent on the specific circumstances of the case.

Even where their implications are not fatal, the failures listed here and indeed any such negligent act on the part of your GP can introduce the need for more extensive, invasive or unpleasant forms of treatment, which may prevent what would have otherwise been a fuller or quicker recovery.

Will I have to go to court to prove my GP Negligence claim?

Most medical negligence claims do not need to be taken to court to be resolved. In 2021 for example, just 3% of claims required a court to be involved in a resolution. It is therefore unlikely that you will need to go to court for your GP negligence claim.

You can read more about what happens when a claim goes to court here.

How long do I have to make a GP Negligence Claim?

In medical negligence claims, generally you have 3 years from the date you became aware of the negligence to make a claim. After 3 years, it can become difficult to have a successful claim.

There are some exceptions to the limit, for example, if the person who suffered from the negligence was under 18. In this case, the 3-year time limit only begins once they turn 18.

How much compensation could I receive for a GP Negligence Claim?

With almost all cases of medical negligence, it is not usually possible to give a figure for how much compensation you could expect to receive. GP negligence cases can be very complex and involve multiple people and extensive medical records.

If you are successful in your claim, then the amount of compensation you receive will be personal to your own situation, and personal circumstances that you find yourself in. The amount of compensation you receive will also be affected by any lasting damage that occurs, that will go on to affect your life.

Compensation is broken down into what is known as general, and special damages. You can learn more about how medical negligence compensation is calculated in this article.

Choosing the right solicitors GP Negligence solicitors

In any case of medical negligence, it is important that you choose the right solicitor for your case.

It is important that your GP Negligence solicitors are experienced in dealing with cases similar to your own, as this will ensure that you get the best resolution possible.

Blackwater Law is ranked by The Legal 500 for both its experience in serious personal injury claims and medical negligence claims including GP claims. Speak to one of our experienced solicitors today about your case and see if you have a claim.

No Win, No Fee GP Negligence Claims

At Blackwater Law, we understand the negative effects poor care, misdiagnosis or the issuing of a wrong prescription can have on you and your family. We also appreciate that the notion of paying legal fees for representation can mean you are put off claiming the compensation you may be entitled to. That is why we undertake all medical negligence claims on a no-win, no-fee basis, including GP negligence claims and misdiagnosis claims.

You will not be taking any financial risk if Blackwater Law represent you in making a GP negligence compensation claim.