GP Negligence Claims

GP Negligence Compensation Claims

All UK residents are entitled to the services of an NHS General Practitioner (GP). GPs are doctors who usually work in the community, in the sector known as primary care. If, for any reason, you feel that you have suffered due to any malpractice, you may be entitled to start a GP negligence claim.

In addition to GP negligence claims, patients may pursue clinical negligence claims if they have suffered harm due to substandard medical care.

After completing medical school, doctors training to become GPs must complete specialist postgraduate training while working in hospital areas such as obstetrics and gynaecology, psychiatry, and general medicine.

They train to treat all common medical conditions and recognise when patients should be referred to hospitals or other types of healthcare services for specialist and emergency treatment. GPs also have a role in health education and preventative medicine.

However, GPs are not confined to working in primary care settings: some provide cover sessions in hospitals or work as part of a team in Urgent Care and Accident and Emergency. They may also provide services to schools and nursing homes.

There are currently around 42,000 GPs in England (according to NHS Digital), of which 34,000 are full-time posts. There are over 1.3 million GP consultations in the UK each working day. Since the NHS reform to the GP contract, GPs are no longer required to work out of hours. Instead, all GP practices are linked to an out-of-hours service, which provides cover outside the normal working day.

What is GP negligence?

GP negligence refers to situations where a GP fails to provide medical care that meets the accepted professional standard, resulting in harm or injury to a patient that could have been avoided. This can include a range of actions or omissions, including misdiagnosis, delayed diagnosis, medication errors, or failure to refer to specialists when necessary.

• Also see: Delayed and misdiagnosed cancer claims

Can I sue my GP for negligence?

Yes, you can sue your GP if their care falls below the standard expected of a reasonably competent doctor and this directly causes you harm or worsens your condition. If you believe your GP’s actions have caused you unnecessary suffering, you may be able to claim compensation.

Standards of care

The Royal College of General Practitioners operates two schemes to assess the care standards of GP practices. A practice may be awarded the Quality Practice Award if it provides ‘exceptional care.’ At the same time, it may receive ‘Practice Accreditation’ if it provides a wide range of ‘safe, high-quality, and responsive care.

Every patient has a right to good quality health care based on best practice guidelines. You should receive drugs and treatment appropriate to your condition and recommended by the National Institute for Health and Clinical Excellence.

However, despite guidelines, quality awards, and extensive training, GPs can and do make mistakes. Sometimes, these mistakes rise to the level of medical negligence. These mistakes can sometimes lead to surgical negligence claims, especially when errors occur during surgical procedures.

How do I prove in a negligent GP claim?

To establish that a GP has been negligent, it must be shown that:

• There was a duty of care
• That duty of care was not met
• Due to this breach of care, harm was caused

Successfully proving these elements can lead to compensation claims for the harm caused by the GP’s negligence. Medical negligence cases cover all aspects of GP care, some of which make the national headlines.

What are the most frequent types of GP cases?

According to the Medical Defence Union, which provides insurance for around 50% of GPs (the other insurer is the Medical Protection Society), claims for misconduct and poor practice are rising. The most common conditions that GPs missed or took too long to diagnose included cancer misdiagnosis, infection, ectopic pregnancy, and fracture.

As a Head of Medical Negligence, I have acted for hundreds of patients affected by poor and negligent general practitioner practice. Patients affected by these types of negligence may be entitled to clinical negligence compensation for the harm they have suffered.

• Explore our comprehensive medical negligence case studies to understand real-life examples of GP negligence and patient experiences.

Inappropriate prescribing

More than 450 elderly patients died in the Gosport War Memorial Hospital as a result of being given unnecessary painkillers. Dr Jane Barton was a GP who provided clinical assistance in the wards affected. She was responsible for prescribing high-dose diamorphine through a syringe driver, which was inappropriate for the clinical conditions of the patients involved.

She carried out this dangerous practice over 12 years. However, senior consultants who were ultimately clinically responsible for the patients were aware of her inappropriate prescribing and did nothing to intervene. Sadly, nurses raised their concerns but had been warned off. Had the hospital acted on these concerns, lives could have been saved.

A previous inquiry into the matter found that there was ‘an institutionalised regime of prescribing and administering dangerous doses of a hazardous combination of medication not clinically indicated or justified.’ In April 2019, police launched a new inquiry, and relatives are hopeful that criminal charges will be brought against culpable staff.

Failure to refer to the hospital

There are also cases when a GP fails to refer a patient to the hospital on time or at all. A claim can be investigated if a failure to refer is deemed negligent and has led to injury, loss, and damage.

GP negligence compensation

GP negligence compensation is a financial award given to patients who have suffered harm or injury due to substandard medical care. This compensation aims to provide financial support to those who have experienced physical, emotional, or financial harm because of a healthcare professional’s negligence. Compensation can cover various expenses, including medical bills, lost wages, and pain and suffering. It aims to help patients recover and secure financial compensation for the impact of the negligent treatment on their lives.

How much compensation could I get for a GP negligence claim?

The amount of compensation awarded for a GP negligence claim can vary widely based on the case’s specific circumstances. Factors influencing the compensation amount include the severity of the injury or harm, the impact on the patient’s quality of life, and the level of negligence involved.

Generally, the more severe the injury or harm, the higher the compensation award is likely to be. Our specialist medical negligence solicitors can provide guidance on the potential value of your claim, helping you understand how much compensation you might be entitled to.

The process of making a GP negligence compensation claim

The process for a GP negligence claim is the same as that for a medical negligence claim. You have the right to complain about the service you received from your GP in person, by letter, or by email. It is important to act promptly, as you typically have three years from the incident date to file a claim.

Several options can be escalated if you are not satisfied with the response, including your local Primary Care Trust or health board. You can also refer your complaint to the General Medical Council (GMC).

If you believe you have been harmed due to substandard medical care, you may also consider pursuing a clinical negligence claim.

If a duty of care was owed to you and a breach in that care led to an injury, you could have a claim for compensation against the attending GP for medical negligence. At Osbornes Law, we have a specialist team of solicitors who can help you decide whether or not you have a claim for medical negligence and advise you how to proceed.

Time limits for making a GP negligence claim

Specific time limits for making a medical negligence claim can vary depending on the case’s details. Typically, patients have three years from the date of the negligent treatment or the date they became aware of the injury or harm to file a claim.

However, there are exceptions to this rule, such as cases involving children or individuals with mental capacity issues. Our specialist medical negligence solicitors can provide guidance on the time limits that apply to your case, ensuring you act within the required timeframe to secure financial compensation.

GP negligence case studies

Our specialist medical negligence solicitors have successfully settled numerous GP negligence claims, including cases involving misdiagnosis, delayed diagnosis, and incorrect treatment. Here are a few examples of our recent case studies:

• A woman received a six-figure settlement after being prescribed an antibiotic for eight times longer than recommended, resulting in irreversible lung damage.
• A man settled a medical negligence claim against two former GPs after they allegedly failed to identify classic symptoms of Giant Cell Arthritis and refer him for investigation and treatment.
• A woman secured compensation after her GP failed to spot her detached retina, leading to significant vision loss.

These case studies demonstrate our expertise and success in handling GP negligence claims. If you believe you have been the victim of GP negligence, contact our specialist medical negligence solicitors today to discuss your options and make a medical negligence compensation claim.

Why choose our GP negligence solicitors?

Suing a doctor for negligence can be complex, requiring a thorough understanding of medical standards and legal procedures. At Osbornes Law, our medical negligence team is renowned for its expertise and dedication to securing justice for clients affected by substandard medical care. With over 50 years of experience, we have built a strong reputation for handling complex medical negligence cases, including GP negligence.

Our Promise to You

• We will review your potential claim by advising you on the NHS complaints procedure or other alternative procedures if your case does not relate to NHS care and treatment.
• We operate on a No-Win No-Fee basis. Our GP Negligence claims solicitors will not charge a fee for our time reviewing your case.
• Our GP Negligence Lawyers can assist you with any issues you may have regarding the complaints procedure or with obtaining copies of your medical records.
• We will advise you of the course of action regarding your case.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811