By Ruth Dolan. Last Updated 9th February 2021. Welcome to our guide to doctor negligence compensation claims: how to claim against a doctor or claim against a GP. In this guide, we are going to take a look at GP negligence compensation claims in greater length. When you are unwell, the first person you usually turn to is your General Practitioner. GPs are usually the people you trust the most with your health, and they have a duty of care to ensure your health and wellbeing at all times. While GPs usually treat their patients well and help to diagnose and treat illnesses, sometimes this process goes wrong.
The medical negligence claim process is complicated and can be long-running. Therefore it is always advisable that you receive professional legal advice regarding any medical claims in order to ensure the highest probability of you having a successful claim. Accident Claims UK can put you in touch with a specialist solicitor who has years of experience with GP negligence compensation claims and who will be with you every step of the way.
Call us today on 0800 073 8801, and one of our team will get you in touch with your specialist.
If you are unsure whether or not you have a claim and would like more information on medical negligence compensation guidelines, then this guide will give you all the valuable information you need.
Select a section
- Your guide to GP Negligence compensation claims
- What is GP Negligence?
- NHS negligence statistics
- How can GP Negligence happen?
- What can be the consequence of GP Negligence?
- Who can claim for GP Negligence?
- How to begin a GP Negligence compensation claim
- I suffered GP Negligence with a late diagnosis – can I make a claim?
- My GP misdiagnosed me – could I claim?
- A GP missed the chance to diagnose me – Do I have a claim?
- My GP prescribed the wrong medication. Could I claim?
- What kind of liability do GPs have?
- How will my GP Negligence be assessed?
- What kind of payments will make up a GP Negligence pay-out?
- How much compensation for a GP Negligence will I get?
- Making GP Negligence compensation claims via no win no fee
- Why call the team Accident Claims for GP Negligence claims?
- Useful links
Most of the time, your GP will be the one who takes care of your physical and mental health and wellbeing and helps you get better when you are unwell. However, if a GP is negligent and fails in their duty of care towards you, you may be left suffering an injury or illness that you didn’t present with, to begin with.
GP negligence compensation claims often arise from GPs, making a mistake in their diagnosis and treatment. This can cause you unnecessary suffering, both physical and mental. If this could have been avoided if your GP had been acting to their best ability, then you may be entitled to compensation under medical negligence law. Examples of medical negligence success stories include patients who have been misdiagnosed and had serious illnesses missed, patients who have been given the wrong medication which has left them with side effects, delayed diagnosis and treatment and in severe cases, fatalities as the result of clinical negligence cases.
In GP negligence compensation claims, you are not to blame for any injury or illness you have sustained. Therefore you may be able to sue for compensation to cover the costs of any suffering you have endured. You would also be able to claim money remuneration for medical costs incurred as a result of your GP’s negligence as well as any lost earnings and other damages.
As per the NHS Act (2006), GPs must-have for all patients that they see a specific duty to care for them, this requires that doctors be expected to give reasonable, skilled care when treating their patients. The GP you see should have obtained the relevant legal and educational qualifications in order to practice as a doctor here in the UK. The term “reasonable care” literally requires that your GP to exercise caution to a reasonable level when offering diagnoses to patients, administering treatments and giving advice.
GP negligence compensation claims often have different definitions as a wide variety of causes, and consequences can be involved in individual clinical negligence cases. The GPs duty of care is likely to play a large part in any medical negligence claims process as it is the dereliction of this duty which is most likely to cause injury or illness to the patient. If it can be proved that the GP acted in a negligent manner, or contrary to the National Health Service Act (2006), then a GP negligence claim can be brought against them.
If you have suffered from medical negligence, you may be entitled to monetary compensation. Financial compensation in medical claims is designed to help address any financial losses you have incurred as well as extra medical expenses and other damages. It is also designed to address the physical and mental anguish you will have been put through as a result of your GPs actions.
There is a time limit on GP medical negligence compensation claims, which is usually three years from the act of negligence. If you wait longer than three years before starting the medical negligence claims process, then it is unlikely that your case will be answered. However, if the patient was a child when the act of negligence occurred then the three-year time limit only begins when the child turns 18. So if your child has been a victim of GP negligence, then they have until their 21stbirthday to begin a GP medical negligence compensation claim.
Within the Annual report and accounts 2018/19 published by the NHS, it outlined some critical statistics relating to negligence. The report statistics that the NHS received:
- 10,68 new clinical negligence claims.
- The number of new non-clinical cases, both employer and public liability had risen from 3,570 to 2,585 – a modest increase of 0.42%.
- The number of mediation son clinical negligence claims has increased by 119% in a single year, up to 380 from 173.
- The provisions for personal injury claims identified by the NS had increased by £6.4 billion to £83.4 billion (as of 31 March 2019).
As previously mentioned, the term “GP negligence” can cover a range of actions that can have disastrous consequences. As GPs have such a big responsibility with their patients, negligence on their behalf can have wide-reaching consequences. Here are just a few of the more common examples of GP negligence and the effects they can have on the patient:
- Misdiagnosis– if a GP gets it wrong when diagnosing their patient, there can be numerous consequences. Diagnosing the wrong condition can lead to worsening symptoms and permanent side effects for the patient. In some NHS negligence, pay-outs death has been the ultimate consequence when fatal illnesses were misdiagnosed, and therefore the correct treatment has been delayed.
- Late diagnosis– the right diagnosis is eventually made. Still, due to the negligence of the GP, the delay in diagnosis means that there may be permanent repercussions for the patient or the patient has been made to unduly suffer from their condition.
- Failure to diagnose- in this case, no diagnosis is made at all leaving the patient with poor advice and no treatment for their condition.
- Procedures going wrong- GP negligence compensation claims can arise when small procedures performed by GPs go wrong, leaving the patient with side effects that they were not expecting.
- Incorrect prescriptions- giving a patient the wrong medication can be disastrous, and doing this is a blatant case of medical negligence on behalf of the prescribing GP.
- Missed medication combinations– some medications should never be combined due to the ill effects they can cause. The prescribing GP’s responsibility is to ensure that they are not prescribing any medication that may react with medication their patient is already on. If they do not do this, you may have a claim for medical negligence.
These are just some of the most common medical negligence compensation examples, and it is important to remember that all GP negligence compensation claims are different and individual. It is always advisable to seek professional advice regarding your own medical negligence claims process.
As the causes of GP negligence compensation claims can be varying and different, as can be the consequences of such negligent acts. Often, patients who have fallen victim to GP negligence will experience worsening of their symptoms as their original condition is neither treated correctly nor at all in some cases. This worsening of the symptoms can cause pain and distress and also have a knock-on effect and cause additional symptoms or illnesses to take hold.
In extreme cases of clinical negligence cases, the patient may die as a result of their GP neglecting their duty of care towards them. Delayed or incorrect diagnosis, as well as incorrect or delayed treatment, can cause a worsening of symptoms that the patient simply cannot recover from. In these medical negligence cases, pay-outs are of little comfort to the patient’s loved ones who are left behind.
It is important to remember that not all effects of GP negligence compensation claims are purely physical. Mistreatment and prolonged suffering due to medical negligence can profoundly affect a person’s mental health and welling. When you are going through the medical negligence claim process, you should include costs for any mental anguish you have suffered as a result of your GPs negligent actions.
Anyone who feels that they have suffered due to negligent actions on behalf of their GP can claim medical negligence compensation amounts. As a patient, you have three years from the negligent action date to make a claim, but those are the only stipulations. If your child has been a victim of medical negligence from their GP, then as a parent or legal guardian, you can make GP negligence compensation claims on their behalf. If you are the legal guardian for any other dependant, such as a vulnerable adult, you can assist them in making medical claims too.
If a family member has tragically passed away as a result of medical negligence, then as a relative, you can make a claim on behalf of the deceased for medical negligence pay-outs. The executor of the estate of the deceased can also begin the medical negligence claim process too.
The best course of action to take if you are considering starting a medical negligence claim process is to get professional legal advice. By contacting Accident Claims UK, you can be assured that you will receive reliable, honest advice about your claim and the best steps to take next.
If you believe that you have suffered due to your GP’s negligence, you first need to prove that they owed you a duty of care, which as your GP they do, and that they breached that care. You will also need to prove that you have suffered as a direct result of that breach of care. The first thing to do is record everything about the negligence that took place and gather as much evidence as you can in regard to the GP’s negligence.
You should have a full medical examination to gather evidence that the GP’s negligence has caused you to suffer, and this is something the team here at Accident Claims UK will organise for you. We will also do as much fact-finding as we can before we launch your medical claims so that we have more chance of your claim being successful and you receiving the compensation that you deserve.
The delayed or late diagnosis of any condition can cause unnecessary suffering for you as a patient. Still, in cases of late diagnosis of more serious illnesses, the consequences can be horrific and even fatal. A recent study found that over 70% of patients diagnosed with cancer in A&E had already visited their GP with symptoms and not been diagnosed or referred. Some of those patients had visited their GP 3 or more times and still had no diagnosis. Patients diagnosed with cancer as an emergency in A&E have a significantly worse prognosis than those diagnosed at an early stage.
If your GP missed symptoms of other serious illnesses, then you may have grounds to seek compensation. Medical negligence success stories where compensation has been won include cases where GPs have missed sepsis symptoms, which has caused the later hospitalisation of the patient who suffered further complications due to the delayed diagnosis and treatment. Other medical claims include pneumonia cases that have been diagnosed late in elderly patients who have suffered permanent lung issues as a result of the condition being diagnosed late and further complications arising.
If you have been diagnosed late and suffered as a result, like the other doctor negligence compensation claims, you may be entitled to compensation.
Recent reports suggest that 15% of doctors in the NHS have misdiagnosed patients, and those patients had likely resulted in the on-going suffering of the patients. Mis-diagnosis not only leaves you still affected by your condition, but it could also have more severe consequences if you were to suffer side effects of the treatment you never needed in the first place.
Clinical negligence cases for misdiagnosis can be complex, so if it advisable that you seek legal advice before beginning any medical negligence claims.
When you are ill and suffering symptoms, you expect your GP to diagnose what is wrong and offer you suitable treatment to alleviate your suffering. If you go and visit your GP, and they are too quick to judge or dismiss your symptoms when in reality, you were suffering an acute illness, then you may be entitled to compensation as a result. Any delay in diagnosis of a condition will leave you continuing to experience the symptoms, and it can also cause further complications and development of symptoms.
If your GP missed the chance to diagnose you, then the doctor medical negligence claims process can be a complex one as the consequences of the GPs actions need to be considered. It is advisable to proceed with any GP negligence compensation claims with legal help. Accident Claims UK can provide you with the specialist legal assistance you need to get a positive outcome for your case.
Medication prescribed by your GP is designed to help alleviate symptoms, but it can make you feel a lot worse if you are given the wrong medication. You may suffer side effects from that medication that you shouldn’t be taking in the first place. You may also be already taking medication for an unrelated condition which can react with the medication your GP prescribes by mistake. Some medication should never be taken together, and if your GP makes this mistake, it could make you very poorly.
Proving that you have suffered as a result of your GP’s negligent actions can be complicated and difficult, so having the right legal help is important to ensure that yours is one of the medical negligence success stories. Accident Claims UK can help connect you with a specialist GP negligence compensation claims solicitor who will represent you in your medical claims.
While all clinical negligence cases are different, they can usually be grouped into one of the following categories;
- Contributory negligence- in cases in this category, it is found that the patient themselves is held accountable for their health concerns. For example, if the patient does not take the medication prescribed by the GP. In cases like this, it is unlikely that any compensation will be awarded.
- Comparative negligence– here there may be the fault on the side of the patient, but the GP is also not completely blameless. Where there may be a liability on both sides, a judge will often determine what level of fault is with the GP and award a representative percentage of the damages sought.
- Vicarious liability- in these cases, the claim is made against the organisation or management which employs the GP, rather than the GP themselves. It may be seen that the doctor’s management resulted in the problems rather than the GP’s actions. Claims against the NHS are usually vicarious liability claims.
- Gross negligence– this is the most serious of all clinical negligence claims for all medical practitioners. In cases of gross negligence, a doctor has completely disregarded their duty of care towards their patient resulting in catastrophic consequences. Gross negligence cases will always be heard by a judge in court and often result in the medical practitioner losing their licence if they are found to be at fault.
Depending on your case’s individual aspects, your solicitor will determine which category your case falls into and proceed in an appropriate manner on your behalf.
As part of your doctor’s negligence compensation claims, you will be offered a full medical examination so that any and all consequences of your GPs negligence can be assessed. All of your current symptoms will be considered, and any potential future complications will also be assessed. Your GP negligence claim value will consider your suffering as a result of your GP’s actions, both physical and psychological, present and future.
As part of medical negligence law, you can include several different aspects in your clinical negligence claims which will make up any successful compensation medical negligence cases pay-outs:
- General damages– this refers to any pain and suffering you have endured as a result of the negligence.
- Medical expenses– this includes any cost of private treatment, physiotherapy and medical equipment.
- Loss of earnings- if your GPs actions have caused you to take time off work or lose your job, then you include loss of earnings in your claim.
- Care claim– if the negligent actions of your GP have left you needing care assistance, then you can include the cost of this in your claim.
- Travel expenses– you can include the cost of travel and parking for further appointments and treatment you need due to your doctor’s negligence.
Being able to claim compensation for the above damages can help to redress any financial loss you have suffered due to GP negligence.
As all claims are individual and different, there is no set amount you are guaranteed to receive for GP negligence compensation claims. However, this medical negligence compensation calculator can give you an idea of the amount you may receive as part of successful clinical negligence claims.
|Type of injury||Severity of injury||Pay-out bracket||Notes|
|Leg injury||Moderate||£26,050 to £36,790||This bracket includes complicated or multiple fractures or severe crushing injuries, generally to a single limb.|
|Leg injury||Severe||£90,320 to £127,530||The Most Serious Injuries Short of Amputation. Such injuries would include extensive degloving of the leg, where there is gross shortening of the leg, or where fractures have not united and extensive bone grafting has been undertaken.|
|Ankle injury||Moderate||£12,900 to £24,950||Fractures, ligamentous tears and the like which give rise to less serious disabilities such as difficulty in walking on uneven ground.|
|Ankle injury||Severe||£46,980 to £65,420||In this bracket, it would take into account cases of a transmalleolar fracture of the ankle with extensive soft-tissue damage resulting in deformity and the risk that any future injury to the leg might necessitate a below-knee amputation.|
|Knee injury||Moderate||£13,920 to £24,580||Long-term damage/loss of function/requiring surgery|
|Knee injury||Very Severe||£65,440 to £90,290||Permanent loss of function|
|Achilles||Moderate||£11,820 to £19,770||Cases involving partial rupture or significant injury to the tendon.|
|Achilles||Most Serious||In the region of £36,060||Loss of function/long term pain|
If you have suffered as a result of GP negligence, then starting clinical negligence claims on a no win no fee basis ensures that you do not need to worry about any financial commitments. If your claim is not successful, then you do not need to pay out any money at all. If your claim is successful, then your solicitor’s fees will be deducted from your medical negligence cases pay-outs at an amount that you will have agreed before the case begins if you are unsure whether you are entitled to compensation, a no win no fee claim offers no financial stress and could help you get compensation for your suffering.
GP negligence compensation claims are complex and are unlike standard personal injury claims; you need a specialist solicitor who knows that they are doing. Accident Claims the UK can team you with an expert clinical negligence claims solicitor who will work closely with you to understand every element of your case so that they can best represent your cause in court and give you the biggest chance of having a successful outcome for your claim.
Call us today on 0800 073 8801 or email us at firstname.lastname@example.org to begin the medical negligence claims process and one of our dedicated team will guide you through the next steps. Alternatively, fill out our contact form, and our team will call you back to find out more information about your case.
Take a look at some critical resources provided by the NHS.
Many people who have been affected by negligence may suffer from PTSD. Why not take a look at how the NHS could help you if you have suffered.
Anxiety is a common thing to experience after an accident, so why not read how the NHS could be of assistance.
GP negligence compensation claims FAQ
Can you sue a GP for negligence?
In short, the answer is yes, you could have grounds to make a claim against a GP for negligence. If a doctor has been negligent towards you and has caused you harm, such as a misdiagnosis or provided you with incorrect medication, then you could have grounds to claim.
What is classed as a medical negligence?
Medical negligence is a substandard level of care, resulting in injury or harm. There are a number of ways that medical negligence can happen, such as incorrect treatment, surgical mistakes, unnecessary surgery, poor aftercare, premature discharge.
Can I claim on behalf of an injured family member?
If a family member is rendered mentally incapable of making their own claim, then you could potentially make a claim on their behalf. A claim of this nature would fall under the Mental Capacity Act 2005, and here at Accident Claims, we could assist you every step of the way when taking legal action.
Thank you for reading our guide to doctor negligence compensation claims: how to claim against a doctor or claim against a GP.