Your General Practitioner (GP) is usually the first place you go to when you are feeling sick or ill. You have the expectation that your GP will help you and accurately diagnose the cause of your symptoms. Whilst this happens most of the time, sometimes you can receive substandard medical care from them. If the care or medical advice they give you is negligent, and this causes you to suffer harm you can bring a GP medical negligence claim.
In this guide, we will cover the circumstances under which GP negligence could occur, what evidence you might need to help prove your claim and also how compensation is calculated. We aim to answer all the frequently asked questions we receive about GP negligence. Finally, we discuss how to bring a doctor negligence claim on a No Win No Fee basis.
If, whilst reading this guide, you would like to speak to an advisor, you can reach out by:
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Select A Section
- Can I Claim For GP Medical Negligence?
- How Can GP Medical Negligence Lead To A Claim?
- How Do I Prove GP Negligence?
- What Medical Negligence Compensation Could I Receive?
- Can I Make A GP Negligence Claim On A No Win No Fee Basis?
- Read More About Making A Medical Negligence Claim
Can I Claim For GP Medical Negligence?
Your GP owes you a duty of care as their patient. This duty means that they must meet the minimum standard of care that is acceptable. If they fall below this standard and you suffer harm as a result, then you may be able to claim compensation.
As well as the GP owing you a duty of care, the whole practice has a certain responsibility towards your welfare. For example, if an administrator were to mix up your test results, and this meant you suffered avoidable harm due to a misdiagnosis, you could be eligible to seek compensation.
Doctors are held to stringent guidelines and standards; these can be found in things like the National Institute for Health and Care Excellence (NICE) guidance and the General Medical Council’s guide to good medical practice.
In order to be eligible to bring a GP negligence claim, you must be able to satisfy the following criteria:
- That the GP or the GP surgery owed you a duty of care (when under the care of a GP, you are automatically owed this duty)
- This duty of care was breached; for example, you suffered a misdiagnosis because the GP failed to listen to the symptoms you described.
- This breach of duty led to you suffering avoidable harm, e.g. due to your condition being negligently misdiagnosed, your symptoms worsening, and you needing more invasive treatment.
If you are unsure or suspect your GP was negligent, it is always best to check with an expert on the issue. Contact one of our advisors, and if your case is eligible, then we can connect you to one of our experienced medical negligence solicitors.
How Can GP Medical Negligence Lead To A Claim?
To help you think about how GP negligence could impact you, here are some examples of medical negligence claims:
- Your GP forgets to follow up on your test results. The test results show that you have cancer, and the delay makes your prognosis worse. The negligent failure of your GP to diagnose you with cancer means you suffer harm.
- You a prescribed the wrong type of medication for your condition in a medication error, and this fails to make you better. In addition the wrong medication causes significant side effects.
- A GP fails to meet their minimum standard of care to you by incorrectly noting down your medical history. This led to tests not being ordered that would have flagged a medical condition that was preventable and caused a delay in treatment.
- The correct tests are not performed during your examination by a GP. This failure means the GP did not meet their standard of care and caused them to misdiagnose an ACL tear as a sprain.
There are many ways a GP could breach their duty to you, and this could result in avoidable harm. If you do not see your exact circumstances above, you can always connect with an advisor to see if you are eligible to claim.
Can I Make A Complaint About GP Medical Negligence?
If you are unhappy with the treatment that you have received from your GP, you are within your rights to make a complaint. The GMC states that you should first complain to your GP in their document ‘Who to Complain to – Information for patients in England.’ The NHS constitution also has details for how to complain about NHS treatment.
You can ask your GP for a copy of their complaints procedure and this should contain details of how to proceed with your complaint. If you are unsatisfied with the response you can take your complaint to The Parliamentary and Health Service Ombudsman.
To discuss any aspect of making a GP medical negligence claim, please reach out to our team.
How Do I Prove GP Negligence?
To successfully claim compensation for negligence, you will need to produce evidence. This will prove that your GP’s duty to you was breached and that this caused harm. The evidence necessary can vary from case to case, but some examples of evidence commonly used include:
- GP records
- Hospital records
- Treatment notes
- Witness statements (these can be useful if there is a dispute about what you said to your GP during a consultation)
- Photographs of your injuries
- A diary of your symptoms
Our advisors can assist you further with the types of evidence that you might need. Why not call us for a free case assessment? We can be reached 24 hours a day, 7 days a week.
What Medical Negligence Compensation Could I Receive?
Compensation for medical negligence cases can be made up of damages for your unavoidable harm in the form of injuries (general damages) and potentially for your financial losses (special damages).
Looking at injury compensation first, this will depend on the severity of the harm you have suffered, the impact on your life and also the prognosis. To help assess these things, you will normally attend an independent medical examination. This will be at a day and time that suits you, and following the appointment, a medical report will be produced.
This report can be used in addition to the Judicial College Guidelines (JCG). The JCG is a document that contains the compensation guideline brackets for various injuries. It is important to remember that they are just guideline figures, and every case of unavoidable harm caused by GP negligence will be unique.
To illustrate the potential compensation that could be recovered for a variety of injuries we have included an example table for you. Please note that none of these figures are guaranteed; they are just the relevant guidelines. Please also note that the top-line entry does not come from the JCG.
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Multiple severe injuries with associated loss of earnings | Serious | Up to £1,000,000 + | Multiple severe injuries and financial losses including loss of earnings. |
| Brain Injury | Very Severe | £344,150 to £493,000 | Little if any meaningful interaction with the environment. |
| Moderately Severe | £267,340 to £344,150 | Very seriously disabled. | |
| Eyes | Total Blindness | In the region of £327,940 | Total blindness |
| Complete Loss of Sight in One Eye | £60,130 to £66,920 | Complete Loss of Sight in One Eye | |
| Kidney | Serious (a) | £206,730 to £256,780 | Serious and permanent damage (or loss of) both kidneys. |
| Female Reproductive System | Infertility wether by reason of injury and disease. | £140,210 to £207,260 | Infertility and sexual dysfunction, depression and pain. |
| Delay in Diagnosis | £4,140 to £24,930 | Delay in ectopic pregnancy but fertility is not affected. | |
| Ears | Total Deafness | £110,750 to £133,810 | Total Deafness |
| Hernia | Continuing Pain | £18,180 to £29,490 | Continuing pain with limitation of activities. |
Can I Claim For Loss of Earnings Caused By Doctor Negligence?
In addition to claiming damages for your injuries, you can also claim for financial losses if they are caused by the harm that you suffered. Some of the types of financial losses that could be included in a compensation claim include:
- Past loss of earnings
- Future loss of earnings
- Loss of pension entitlements
- Care costs
- Rehabilitation or treatment costs
- Travel costs
- Prescription fees
If you would like further assistance in relation to what out-of-pocket expenses could be added to a successful claim, please contact an advisor.
Can I Make A GP Negligence Claim On A No Win No Fee Basis?
Our solicitors have years of dedicated experience handling GP negligence claims. They can help you collect the evidence you need to prove your claim and offer you the legal advice you need.
If your claim is accepted, our specialist medical negligence solicitors could offer you a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement. This type of agreement has several benefits, including:
- No upfront fees for your solicitor’s work
- Ongoing fees for your solicitor’s work do not need to be paid
- If your case does not win, there are no solicitor fees
At the end of the case, and only if you win, a success fee will be deducted from your compensation. The amount deducted is on a percentage basis, and the size of the percentage is legally limited. The exact percentage is agreed between you and your solicitor before the case starts.
Read More About Making A Medical Negligence Claim
Here are some more resources about medical negligence claims that you may find useful.
- Consider our guide to MRSA claims here.
- Here is an article about how long a medical negligence claim might take
- Learn how to claim for a missed back fracture
Finally, here are some external materials that might be of interest to you:
- Here is the NHS Resolution’s annual report for 2023/24
- A GMC report on the prevalence and cause of prescription errors
- Learn how to get Statutory Sick Pay (SSP) if you are off work due to your symptoms
Thank you for considering our guide about GP medical negligence.
