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GP Negligence Claims
If you’re feeling unwell or have started to develop symptoms that you suspect may need medical attention, you will likely make an appointment with your GP to start the process of getting a diagnosis.
If your doctor fails to properly investigate and reasonably diagnose your illness, or refer you to a specialist for further assessments, this can lead to devastating consequences.
If you believe that you have suffered unnecessarily, or that an existing illness has progressed and worsened due to the negligent treatment by your GP, you could be entitled to compensation.
If you are waiting for a diagnosis and feel that it is taking too long then you should speak to your GP about your concerns.
What is classed as negligent GP treatment?
The impact of a GP making a mistake or failing to properly investigate and diagnose an illness or injury can lead to physical, emotional and financial consequences for the patient.
It may be possible to make a compensation claim against your individual GP or GP practice if they failed to:
• Properly investigate your symptoms.
• Diagnose your illness or injury in a reasonable time.
• Refer you to a specialist for further tests.
• Prescribe the right medication or treatment.
• Consider your medical history in line with your complaint.
• Conduct a proper examination to assist in diagnosis.
What standards of care must a GP meet?
The standard of care given by GP’s in the UK is one of the highest in the world. The General Medical Council, commonly referred to as the GMC, sets out the patient care standards that must be adhered to by all GPs when caring for patients.
If a GP fails to meet the standards expected of them by the GMC, they could risk losing their membership and could be struck off the medical register.
GP’s must:
- Take immediate action if they suspect that their patient’s health is at risk.
- Always put the patient first and provide excellent care.
- Treat their patients individually and with dignity.
- Work in partnership with patients and colleagues.
- Act with honesty and integrity.
What is the time limit for making a clinical negligence claim?
The clinical negligence claims time limit is three years from the date you received the treatment, or three years from when you became aware that your illness or injury was caused due to the treatment you received. This means that you have to have either settled a claim for compensation or issued court proceedings within the three year limit.
There are exceptions such as cases involving children. An appropriate adult (usually a parent) can bring a claim before they reach the age of 18, after which time they have three years from their 18th birthday in which to settle a claim for compensation or have court proceedings issued.
The other exception being where there is a lack of mental capacity and someone else brings a claim for the adult, in which case there is no time limit to make a claim. Read our guide on making a clinical negligence claim on the behalf of a child for more information.
If a loved one has died due to clinical negligence, the three-year time limit runs from the date of death (so long as the time limit has not already expired). We appreciate that it can be a very upsetting time and we will guide you through the process sympathetically.
What will it cost me to make a claim?
We are no win, no fee clinical negligence solicitors. This simply means that should we not win your case, you will not need to pay us a penny to cover your legal fees.
If you win your case your opponent will pay most of your legal costs.
Any legal costs not paid by your opponent will be deducted from the compensation that you receive. These costs include:
- The cost of your no win no fee insurance policy (After the Event Insurance)
- Some of your basic legal costs which cannot be recovered from your opponent
- A “success fee” which compensates us for the risk that if your claim was unsuccessful then we would not be paid at all.
Details of which will be discussed with you as the case progresses.
Read our guide on how personal injury claims are funded for more information.
How long will my claim take?
The length of clinical negligence claims depends on how long it takes to gather evidence, whether the other party admits fault, the severity of the injury and the extent of the claim for special damages. Straightforward clinical negligence claims may settle within 12-18 months, whereas complex cases may take several years.
How do I make a claim?
You can start the claims process by contacting our First Response Team on 0344 854 7000.
A member of our friendly team will ask you a series of questions to outline the details of your case. Your answers will be analysed by one of our clinical negligence solicitors who will determine if your case has good prospects or not.
Alternatively you can submit your details using our online enquiry form below and we will contact you at a time convenient for you.
