GP Negligence Claims | No Win No Fee

By Stephen Hudson. Last Updated 16th November 2023.  When we go to see our doctor, we hope and expect a good and safe standard of care. However, things don’t always work out that way. From misdiagnoses to failing to investigate or refer patients, there are many ways a GP could be negligent. In this guide, we take a detailed look at GP negligence claims.

As it stands, a person’s GP (general practitioner) is usually trustworthy and greatly appreciated. However, there are instances when negligence occurs. If you have suffered an injury as the result of a medical accident or complication, then it might be that your GP acted negligently. In cases such as these, you could potentially claim GP negligence compensation.

Negligence from healthcare professionals can lead to a worsening of an existing condition or can even cause new, more problematic conditions. It can even result in death.

Whether a GP has provided an incorrect diagnosis or has prescribed the wrong medication, negligence can be damaging. They could have also failed to act on test results in the correct way or failed to refer a patient to the correct specialist. Errors like this can harm your health, your home life and your finances.

To see if you can make a No Win No Fee medical negligence claim. Get in touch. You can reach us by:

• Calling us on 0800 073 8804
• Completing a contact form to get a callback
• Using the live chat feature on your screen

A Guide To GP Negligence Claims

Select a section:

1. The Criteria For GP Negligence Claims
2. Time Limits In GP Negligence Claims
3. Examples Of GP Negligence
4. Key Steps When Making A GP Negligence Claim
5. Compensation For GP Negligence
6. No Win No Fee Medical Solicitors

The Criteria For GP Negligence Claims

Certain eligibility criteria must be met in order to make a medical negligence claim. You must be able to demonstrate that:

• A medical professional, such as your GP, owed you a duty of care.
• This duty was breached.
• You suffered unnecessary harm as a result. When all these factors are put together, this is known as medical negligence.

All medical professionals, including your GP, must provide you with a minimum standard of care. This is their duty of care. If you suffer unnecessary harm due to a breach of this duty of care that they owed you, you could be eligible to make a medical negligence claim for compensation. For example, if you present to your GP with clear symptoms that indicate a particular illness and they fail to refer you for further testing, your illness could worsen, and you may be eligible for compensation.

However, you cannot claim for every incident of harm experienced in a medical setting. For example, you may present to your GP with atypical symptoms. If this is the case, they may not be a negligent GP if they failed to send you for appropriate tests and your illness worsens, and you may not be able to make a medical negligence claim.

If you would like to discuss GP negligence claims, please get in touch with one of the advisors from our team. They’re available 24 hours a day, 7 days a week, with free advice about claiming.

Time Limits In GP Negligence Claims

If you have grounds to sue a GP for negligence, you should be aware that there’s usually a time limit for starting a medical negligence claim. Under the Limitation Act 1980, there is a three-year time limit for GP negligence claims. This time limit can start either from the date the GP negligence occurred or when you were expected to have known that it occurred. 

There are some exceptions to this time limit. For example, the limit is frozen for those under the age of eighteen. A litigation friend can make a claim for them during this time. Otherwise, they can start their own claim when the time limit begins on their eighteenth birthday. 

The time limit is suspended for those who lack the mental capacity to make their own claim. A litigation friend can claim on their behalf as long as the time limit is not reinstated. If the person recovers their capacity to claim, the three years will begin from the recovery date, provided no claim has already been started for them.

Contact our advisors for more free advice on your eligibility to claim compensation for GP negligence.

Examples Of GP Negligence

As discussed earlier, a valid claim for GP negligence compensation will involve a medical professional neglecting their duty of care to you and causing unnecessary harm that could have been avoided. 

Therefore, in this section, we’ll discuss example scenarios of GP negligence to give you an idea of when you could make an eligible claim, such as:

• Receiving a misdiagnosis of leukaemia, causing you unnecessary stress
• Your doctor prescribing you the wrong medication, which may cause damage to your internal organs
• You might suffer nerve damage after minor surgery or an injection due to an  error
• You may endure an infection where staff have not correctly cleansed equipment that they use on you

If you are the victim of medical negligence, but we haven’t discussed your situation in the examples above, please don’t worry. You could still be eligible for compensation. Get in touch and our advisors can help you free of charge. They’ll also be able to answer any questions about GP negligence claims.

Key Steps When Making A GP Negligence Claim

Gathering sufficient evidence could help support your medical negligence claim. It could help prove that your GP breached their duty of care, and due to this, you suffered unnecessary harm.

Some examples of evidence that could be useful in a GP negligence claim include:

• Correspondence between yourself and your healthcare practitioner regarding the treatment you received.
• A copy of your medical records, stating the harm you have suffered and the treatment you’ve required.
• Copies of your prescriptions. For example, if your GP prescribed you medication that contained an ingredient you were allergic to. If they were aware of this allergy as it was stated on your medical records, they could be liable for the harm you suffered.
• X-ray or scan results. Your GP may have failed to send you for appropriate testing, such as an X-ray, in a timely manner. This could have resulted in a delayed diagnosis causing the original condition to become worse.

Additionally, the results from the Bolam test could be useful for certain GP claims. This is when a panel of relevantly trained medical professionals assess whether the standard of care you received was appropriate.

Contact our advisors today if you have questions about GP negligence claims, and the compensation that could be awarded for successful cases. Additionally, they may connect you with one of our solicitors that could help you gather evidence for your claim.

Compensation For GP Negligence

If you have suffered harm due to a negligent doctor, you may be wondering how much you could potentially claim. It’s important to remember that everybody’s circumstances are unique, meaning there is no average compensation for medical negligence claims.

There are two potential heads of a claim, known as general damages and special damages. General damages focus on physical pain, mental suffering, and any loss of amenity.

Special damages focus on the financial consequences of the accident such as a loss of income, medical costs, hospital travel charges and any home/car modification expenses. You will need to provide evidence of your costs if you are claiming special damages. For example, you could present receipts to recover prescription costs.

This table lists a range of figures for injuries that you could sustain from a GP’s negligence. These figures come from the Judicial College Guidelines, a source that legal professionals regularly use to value personal injury claims. They are based on previous court payouts.

These figures aren’t guarantees of what GP negligence claims are worth. For a more accurate estimation of what you could receive after being harmed by a negligent GP, get in touch with us at any time.

No Win No Fee Medical Solicitors

If you’ve suffered harm due to medical negligence, medical solicitors could potentially help you. They can use their experience to help you gather evidence and cover all bases of a medical negligence compensation claim. However, you may be concerned about the costs of hiring a solicitor.

However, under a No Win No Fee arrangement, you only pay your solicitor a success fee if you win compensation. The success fee is capped under the Conditional Fee Agreements Order 2013. If your claim is unsuccessful, you will not be required to pay your solicitor.

Our advisors offer free consultations and can verify your eligibility to work with our No Win No Fee solicitors. To get in touch:

• Call 0800 073 8804
• Start your claim online
• Alternatively, use the live chat feature at the bottom of your screen.

If you want to learn more about  GP negligence claims or would like a compensation estimate from our team of advisors, contact us today completely for free.