Your GP surgery is often your first point of contact with the healthcare service. It is the gateway into primary care and where many people go for diagnosis and treatment when they feel unwell, suffer an injury or experience worrying symptoms. According to data collected by NHS England and published by the government, 358 million GP appointments were attended during the 12 months up to October 2023. Whilst most of these appointments will be satisfactory, for some they involve substandard care, leading to their condition getting worse. If you have been harmed by negligent GP care, you could file a doctor negligence claim.
In our comprehensive guide, you can find information on what medical negligence by a GP is and when you could claim compensation. We look at whether you could claim against a GP in the NHS or private sector, whether you need to make a complaint first, and the factors affecting how compensation may be calculated. At the end of the guide, concerns are addressed as to whether your GP surgery could remove you from their register of patients and how one of our specialist medical negligence solicitors could help you.
Find out more about how to claim for GP negligence by reading our guide below. When you are ready to claim,
- Call 0800 073 8804 to discuss your clinical negligence claim.
- Message us live below.
- Begin a claim online.
Frequently Asked Questions
- What Is Classed As Doctor Negligence?
- I Think I’ve Experienced Negligence, Can I Sue My Doctor?
- Can I Claim Against Both NHS And Private Doctors?
- Must I Have Filed A Complaint Prior To Making A Claim?
- How Much Compensation Could I Get For A Doctor Negligence Claim?
- How Do I Start A Doctor Negligence Claim?
- Can I Be Removed As A Patient Of The Doctor’s Or GP Surgery For Claiming?
- Can I Sue My Doctor On A No Win No Fee Basis?
- Learn More
What Is Classed As Doctor Negligence?
Whether you need to access parts of the healthcare ecosystem such as primary, secondary, tertiary or community care, your GP may be your first point of call. GP surgeries provide a very wide range of services to patients, and as such, there are numerous ways in which negligent errors could occur.
Below, we look at different examples of how medical negligence by a GP could occur.
Inadequate Examinations
Doctors should carry out necessary and appropriate examinations of a patient and their symptoms or injuries. Failing to conduct a thorough examination could lead to a doctor missing symptoms or providing an incorrect diagnosis.
For example, a GP may fail to carry out a physical examination of a patient complaining of chest pain. This could result in the delayed diagnosis of a heart condition, causing the condition to worsen.
Failure To Execute Tests And Examinations
When diagnosing patients, a GP may need to execute different tests and examinations in order to correctly identify their condition.
For example, a patient may present with weight loss and fatigue. However, their GP does not carry out further examinations or execute tests, delaying the diagnosis of diabetes.
Improper Review Of Exam Or Test Results
GPs may order further tests, examinations and treatment for patients. This may be where either they have diagnosed a condition or suspect a patient has an illness. Tests and exams may be used to confirm an initial diagnosis. A GP should follow up on the results of any tests they order and properly review them.
For example, a GP may order a blood test for a patient and get results showing abnormal markers indicating cancer but does not properly review the results. This delays referring the patient for further testing and ultimately delays the diagnosis of the patient’s breast cancer, worsening the patient’s condition.
Incorrect Prescriptions
A GP may have correctly identified a patient’s condition and the medication they require; however, they may have made a prescription error.
Examples of a prescription error could include where a GP prescribes the wrong medication, the wrong dosage, or provides the wrong instructions on usage to a patient.
Failure To Refer Patients
Your GP should ensure that they execute, recommend or refer you for appropriate tests and examinations. This may include carrying out examinations and tests themselves at your GP surgery or referring you to a hospital/ specialist.
Neglecting to refer a patient for such tests could prevent the timely diagnosis and treatment of a condition, leading to it getting worse.
For example, a GP may fail to request an X-Ray for a patient with symptoms such as chest pain, shortness of breath and a cough, leading to the misdiagnosis of pneumonia.
Delayed Or Missed Diagnosis
Missed or delayed diagnosis are among the most common forms of medical negligence. They may occur when a GP fails to identify a medical condition or when it is identified much later. This may lead to a condition getting worse. This may require more invasive treatment, reduce treatment options or negatively affect health outcomes.
For example, A GP may dismiss a patient repeatedly visiting them suffering shortness of breath as having anxiety, delaying the diagnosis of a heart condition.
Incorrect Medical Procedures
Your GP should carry out the correct medical procedure necessary to diagnose or treat your condition. Carrying out an incorrect procedure could result in you suffering further harm due to the procedure itself, or due to not having the correct procedure performed.
For example, a GP may recommend that a patient undergo a surgical procedure where a condition may have otherwise been managed with medication.
Not Recording Patient Information Adequately
It is important that your doctor updates your medical records accurately and in a timely fashion. Failing to do so could lead to a patient suffering avoidable harm.
For example, a GP may find out that a patient is allergic to penicillin but fails to update their medical records. The patient may go into hospital and have penicillin administered as there was no record of the allergy. The patient may subsequently suffer a severe and avoidable allergic reaction.
It is important to reiterate that errors in patient care can occur even where a GP is adhering to professional standards and where another doctor would act in the same way. In such instances, a claim for medical negligence could not be made.
Our team could assess your doctor negligence claim for free and help to determine whether you are eligible to seek compensation.
I Think I’ve Experienced Negligence, Can I Sue My Doctor?
When under the care of any medical professional, patients are owed a duty of care. This extends to all medical and healthcare professionals working in primary care, such as your GP, nurse practitioner or nurse. This duty of care is the same whether your GP surgery provides NHS or private care.
To adhere to this duty of care, they must meet the minimum standard of care expected of such a professional. Steps they could take to do so include:
- Listening to you and taking your concerns and symptoms seriously.
- Carry out a physical examination if appropriate.
- Refer you for further tests or examination by a specialist as appropriate.
- Provide you with relevant and applicable medical advice.
Whether making a GP negligence claim for yourself or another person, the claim must meet the same basic criteria. These are that,
- The doctor owed you a duty of care. This duty is owed automatically when they provide medical treatment or care.
- The doctor breached this duty of care.
- You (or someone else) suffered harm.
Medical procedures may cause side effects even when carried out correctly. A GP may also fail to properly diagnose a condition, even when meeting all professional standards. Any harm suffered must be both unnecessary and avoidable in order to make a claim.
Can I Claim On Behalf Of A Child Or Loved One?
You may be able to make a GP negligence claim on behalf of a loved one if they are unable to do so themselves. Instances in which you could claim on behalf of a loved one include cases involving minors (those under the age of 18) and those with reduced mental capacity. Such parties are unable to claim themselves.
By being appointed to act as a litigation friend by the courts, you could represent the party harmed in their compensation claim. Later in this guide, we will discuss how long you have to claim on behalf of another person.
Whether making a doctor negligence claim for yourself or a loved one, one of our specialist medical negligence solicitors could help you.
Can I Claim Against Both NHS And Private Doctors?
Medical professionals, such as GPs, working in the private healthcare sector and the NHS have the same duty of care to patients. They must meet the same professional standards and should meet the same minimum levels of care.
Your eligibility to claim for negligent treatment is the same regardless of whether the practitioner worked for the NHS or another party. The claims process will also be the same, however, there may be differences in how you make an official complaint.
Our team can help with claims against NHS GP’s or those working in private hospitals.
Must I Have Filed A Complaint Prior To Making A Claim?
You do not have to file a complaint prior to making a claim. If you are unsatisfied with care provided by your GP you could file a complaint with your practice manager, GP surgery or NHS England (or other appropriate body). If you are not satisfied with the response you receive, you may escalate your complaint to the Parliamentary and Health Service Ombudsman.
Making a complaint about clinical negligence could prompt an investigation by the relevant healthcare provider. The results of the inquiry may aid any doctor negligence claim you later bring.
One of our medical negligence solicitors could help you to claim compensation.
How Much Compensation Could I Get For A Doctor Negligence Claim?
Medical negligence could happen in many different ways, potentially causing various types of harm. How much compensation you could be awarded may depend on what harm you suffered, how seriously this affected your health and the wider impact that negligent treatment has had on your life.
Your medical negligence compensation claim settlement may be made up of two parts. These are referred to as ‘general damages’ and ‘special damages’. The first is awarded to compensate for your pain and suffering, the second for financial losses caused by the harm suffered.
When solicitors or other parties to a medical negligence claim are valuing damages for your pain and suffering, they may use guidelines from the Judicial College (JCG). This lists guideline amounts which could be awarded for different types of harm. The JCG may be taken into consideration alongside your medical records.
With the exception of the first figure, we have used entries from the JCG to create the following table. The headline figure is an illustrative example of general and special damages taken together for multiple, serious forms of harm. Please only use this table as a guide.
| Harm | Severity | Compensation Guideline |
|---|---|---|
| Multiple forms of harm | Serious or severe. | Up to £1,000,000+ Inclusive of special damages |
| Brain damage | (a) very severe. | £344,150 to £493,000 |
| Affecting sight | (b) total blindness. | Around £327,940 |
| Kidney damage | (a) serious & permanent damage or loss of kidneys. | £206,730 to £256,780 |
| Bladder | (a) loss of natural function, double incontinence. | Up to £224,790 |
| Bowel | (b) loss of natural function, dependence on colostomy. | Up to £183,190 |
| Psychiatric damage | (a) Severe | £66.920 to £141,240 |
| Deafness/ tinnitus | (c) total loss of hearing in one ear | £38,210 to £55,570 |
| Impairment of taste and smell | (c) loss of smell. | £30,500 to £40,150 |
| Spleen | (a) loss of spleen. | £25,380 to £32,090 |
Special Damages
Your clinical negligence claim may also include compensation for financial losses associated with the harm you suffered. Your doctor negligence claim could compensate you for:
- Lost income and earnings. You will need to prove such losses and may use payslips or bank statements to do so.
- Medical costs, such as the cost of treatment, medication or medical devices. Invoices and receipts may be used as evidence.
- Home care costs and domestic support. Again, you can use invoices to prove the cost of care in the home.
You may also claim for costs associated with travelling to medical appointments. Where general damages are automatically paid out if your claim is successful, special damages are not. As such, you must clearly show what financial losses you incurred due to having suffered harm, how this was related to the medical negligence and provide proof of the loss.
One of our medical negligence lawyers could help to assess your case, ensuring you claim for all related expenses.
How Do I Start A Doctor Negligence Claim?
If you are seeking compensation you will need to follow the medical negligence claims process. One of the most crucial parts of making a successful claim is being able to prove medical negligence took place.
Doctor negligence claims must pass a high bar and you will need to gather a strong body of evidence showing that a GP caused avoidable harm to you or a loved one.
The following evidence could help to prove your medical negligence claim.
- Medical evidence, such as your medical records. Medical evidence may show the initial diagnosis and treatment you were provided with, as well as your subsequent correct diagnosis.
- The report from your independent medical assessment. During this, a medical professional will carry out an examination of you and the harm you have suffered.
- Photographs of any injuries which are visible.
- A diary recording your symptoms and their impact on you.
- The details of anyone who saw negligence occur.
Another crucial part of the claims process is to start any claim for medical negligence within the applicable time limit. How long you have to claim is set by the Limitation Act 1980. This gives you three years in which to make a claim on your own behalf. The three year period can begin on the date on which negligent care took place, or the date on which you realised you had been harmed.
As previously highlighted, if you are claiming on behalf of a loved one the time limit will differ. For example, no such time limit will apply where the person harmed has a reduced mental capacity. A litigation friend may start a claim on their behalf at any point whilst the time limit does not apply. We should note that if the person harmed does regain their mental capacity and no claim has been made, they will then have three years in which to do so.
If the claimant was a child (under 18 years of age) at the time negligent medical treatment took place, the time limit does not begin till they turn eighteen. A litigation friend could claim on behalf of the child prior to their 18th birthday.
Our team could explain more about how medical negligence cases work and about how to claim against a medical practitioner.
Can I Be Removed As A Patient Of The Doctor’s Or GP Surgery For Claiming?
One concern we understand potential claimants may have before starting any type of medical negligence claim is whether this will have an impact on their healthcare. Your GP, GP surgery or other healthcare provider should not treat you differently before, during or after making a medical negligence claim.
In England, patients generally cannot be removed from a practice for making a medical negligence claim. NHS surgeries are bound by guidelines requiring them to treat patients fairly and without discrimination.
Both the NHS and British Medical Association provide guidelines on removing patients from a practice. Your practice must have a valid reason to remove you, such as for abusive behaviour, and must follow specific procedures. Making a medical negligence compensation claim may not in itself be ground to remove you from the practice list.
If you think your GP has unfairly removed you from their practice you can raise a complaint with your local Integrated Care Board or NHS England.
One of our medical negligence lawyers could review your case and help to further explain your rights as a patient.
Can I Sue My Doctor On A No Win No Fee Basis?
We recognise that legal fees and costs associated with making a claim can be a concern to some potential claimants. If you choose to make your doctor negligence claim with one of our specialist medical negligence solicitors, they may offer to take on your case on a No Win No Fee basis. This may be done via a Conditional Fee Agreement.
Following a free initial consultation, one of our clinical negligence solicitors could work on your case without the need for you to pay any fees for the solicitor’s work in advance. You would also not need to make any payment for their services during the legal process.
Instead, your solicitor will deduct a legally limited percentage of your compensation if your clinical negligence claim is successful as a success fee. If you are not awarded compensation, there is nothing to pay for their work.
Contact Us
Whilst you do not have to make a claim with a solicitor from our medical negligence team, we believe that we have shown there are benefits to doing so. To find out more about how one of our medical negligence specialists could help and support you through the claims process, please:
- Talk to us about your case live below.
- Send a message to claim online.
- Phone 0800 073 8804.
Learn More
Here you can find further information on making a medical negligence claim against a doctor and about standards medical professionals should meet.
- You can get legal advice about making a medical negligence claim against the NHS in this guide.
- You can find out more about how to make a compensation claim for harm caused by a delay in treatment provided by your doctor.
- In this guide we look at what is classed as medical negligence and when you could make a successful medical negligence compensation claim.
External references
- The General Medical Council provides guidelines on good medical practice and professional standards for doctors and other medical professionals.
- Learn about your responsibilities and rights as a patient as set out in the NHS Constitution for England.
- Find out about safeguarding standards in this resource from the Royal College of General Practitioners.
Thank you for reading our guide to making a doctor negligence claim. When you are ready to start your claim, contact us for a free initial consultation and find out how one of our medical negligence lawyers could help you.
