GP Delayed Diagnosis Medical Negligence Claims

In this guide, we explore when you could make a medical negligence claim if your GP delayed your diagnosis. We look at the duty of care medical professionals owe their patients and the consequences that could occur if they breach it.

GP Delayed Diagnosis

GP Delayed Diagnosis Claims Guide

Additionally, this guide will examine the types of evidence you could use to prove that medical negligence has occurred. We will also look at how a value could be assigned to your claim, including the kinds of compensation successful settlements could be made up of. 

Finally, providing you have a valid medical negligence claim and want expert advice, this guide will outline the benefits of working with a No Win No Fee solicitor. Contact our advisors today to see if you’re eligible to make a GP delayed diagnosis claim by:

Select A Section

  1. Could You Claim For GP Delayed Diagnosis?
  2. Causes And Impacts Of GP Delayed Diagnosis
  3. How Do You Prove Medical Negligence By A GP?
  4. Examples Of Delayed Diagnosis Compensation Payouts
  5. Can I Sue A GP For Delayed Diagnosis On A No Win No Fee Basis?
  6. Where Can I Learn More About Medical Negligence Claims?

Could You Claim For GP Delayed Diagnosis?

Medical professionals must provide their patients with care that doesn’t fall below a minimum level; this is their duty of care. For example, if you’re receiving treatment from the NHS, the level of care you can expect is outlined in the NHS constitution. However, if a medical professional doesn’t provide the minimum standard of care expected and a patient suffers unnecessary harm, they could be liable.

In order to make a medical negligence claim, the following must be true:

  1. A duty of care was owed to you by a medical professional 
  2. The medical professional breached their duty
  3. You suffered unnecessary harm due to this breach

GP Delayed Diagnosis Claim Time Limits

When making a GP delayed diagnosis claim, you must ensure you adhere to the time limits. Under the Limitation Act 1980, you have three years to begin a medical negligence claim from the date the negligence took place. However, in situations where you only knew about (or were expected to know about) the negligence at a later point, the three years would begin from this date of knowledge. 

Where someone lacks the capacity to act for themselves, a litigation friend could be appointed to make the medical negligence claim, and no time limit would apply. If, however, the claimant obtained the mental capacity to claim compensation for themselves, and no action had already taken place, the three-year time limit would begin from this date.

Additionally, if someone experiences medical negligence whilst under 18, they could either request that a litigation friend be appointed or wait for their 18th birthday to act for themselves. A suspension applies to the time limit until they turn 18, at which point they have three years in which to claim if this has not been done.

To find out if you can instruct a solicitor on our panel for your GP delayed diagnosis claim, contact our advisors now.

Causes And Impacts Of GP Delayed Diagnosis

All medical professionals legally owe their patients a minimum standard of care.  A delayed diagnosis could mean you experience avoidable harm if your condition gets worse without any treatment. 

  • You may have experienced difficulties walking following an exercise accident, so you go to your GP. They fail to refer you for tests. It is later discovered that you had an ankle fracture and that the delay worsened your injury, meaning that you now need surgery.
  • You attend your GP with symptoms of a finger fracture. However, they disregard some of your symptoms and fail to carry out an examination. This means that they misdiagnose your injury as serious bruising,  and the break in your finger worsens because you go without treatment or the proper advice.
  • A medical misdiagnosis may occur. For example, you might experience a misdiagnosis of cancer after you go to a GP regarding a lump. They inform you that it is a lipoma and due to the delayed diagnosis, your cancer spreads to your brain. This results in a delay in diagnosing your actual condition.

If your circumstances differ from the examples mentioned above, don’t worry; you could still be entitled to claim, and this list isn’t exhaustive. Speak with a member of our team today for an assessment of your claim.

How Do You Prove Medical Negligence By A GP?

When making a medical negligence claim, you must be able to show that a medical professional breached their duty of care owed to you and that you suffered unnecessary harm as a result. Evidence can be very useful to prove the negligence occurred and show how it has affected you.

Consider gathering the following evidence:

  • Medical records 
  • Witness contact details
  • A diary of your symptoms and how you have been affected 

A solicitor from our panel could help build an evidence portfolio as part of their service to assist your GP delayed diagnosis claim, providing your case is valid. Contact our advisors today for a free case assessment. 

Examples Of Delayed Diagnosis Compensation Payouts

If you successfully claim compensation after your GP delayed your diagnosis, you could receive up to two kinds of damages. The first is general damages, which compensate you for the pain and suffering you have experienced due to medical negligence. The amount you could receive will depend on several factors, such as:

  • The severity of the harm you have suffered and how it has impacted your quality of life
  • Any loss of enjoyment you have experienced
  • The time it takes you to recover, including any treatments you’ve had to undergo in the process

Moreover, to help assign a value to your claim, legal professionals could use the Judicial College Guidelines (JCG). This document provides valuation brackets for harm of different types and severity. A legal professional might also request you attend an independent medical assessment so that they can compare the way you were affected with the brackets in the JCG.

Below you will find a table of guidance figures for different types of harm from the JCG. However, it must be noted that due to the uniqueness of each case, no guarantee can be made as to the amount of compensation you will receive. 

Compensation Table

Brain DamageModerate (iii)£43,060 to £90,720Concentration and memory affected, working capabilities reduced and small risk of epilepsy.
Less Severe £15,320 to £43,060Individual will make a good recovery but could be some persisting problems like poor concentration or changes to the persons mood.
AnkleVery Severe£50,06- to £69,700Includes transmalleolar fracture with extensive soft tissue damage, resulting in deformity and future risk of below the knee amputation.
Moderate£13,740 to £26,590Fractures, ligament tears and other similar damage, giving rise to less serious disabilities.
HandSerious£29,000 to £61,910 Reducing the hand to about 50 per cent capacity. Including cases of finger amputations, resulting in affected function and cosmetic damage.
Less Serious£14,450 to £29,000Severe crush injuries, resulting in significantly impaired function.
WristSignificant Permanent Disability£24,500 to £39,170Some useful movement will remain.
Less Severe£12,590 to £24,500Some permanent disability, such as persisting pain and stiffness.
ToeAmputation of the Great ToeIn the region of £31,310A complete removal of the great toe.
Severe Toe Injuries£13,740 to £21,070Severe crush injuries, leading to amputations of toes excluding the great toe. Could also include partial amputations or injuries just falling short of an amputation.

Could You Be Awarded Further Damages For Medical Negligence?

Special damages are the second kind of damages you could receive. They are compensation for reasonable losses you experience both in the past and future due to medical negligence. Also, It is useful to hold onto evidence you have of these losses to ensure you’re compensated fully, such as:

  • Payslips that prove the earnings you have lost due to being unable to work
  • Receipts that outline your medical costs needed to recover 
  • Train tickets that show your public transport costs whilst you’re unable to drive

If you’re still unsure about the evidence you could use to support your GP delayed diagnosis claim, contact our advisors for a free case assessment. If eligible, they may offer to pass you over to a solicitor on our panel.

Can I Sue A GP For Delayed Diagnosis On A No Win No Fee Basis?

You may want legal representation to help your medical negligence claim run smoothly. If so, consider working with a solicitor via a Conditional Fee Agreement. This is a type of No Win No Fee agreement and means that:

  • You have no upfront legal fees to begin working with a solicitor 
  • There are no legal fees to keep your case progressing
  • Providing your claim wins, your solicitor will take a success fee, which is a small legally capped percentage of your compensation
  • If your claim is unsuccessful, you won’t have to pay a success fee

Additionally, our panel of solicitors offer their services on a No Win No Fee basis and have years of experience dealing with these types of claims. If you would like to determine whether you have grounds to make a GP delayed diagnosis claim, contact one of our advisors now by:

Where Can I Learn More About Medical Negligence Claims?

We hope this guide has answered your questions about a GP delayed diagnosis claim. If you would like to read more of our articles, you can find some below:

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Guide by Will

Publisher Fern