GP negligence claims

For many patients, their GP is the first port of call if they have a medical query or require medical treatment. When considering GP treatment of patients, claims for negligence can fall into one of two categories.

These two categories can broadly be described as a failure to do something or a positive act which causes harm to a patient.

Failure to Act

A failure to act by a GP could include:

  • Failure to prescribe medication;
  • Failure to diagnose a certain condition;
  • Failure to recommend appropriate medical treatment;
  • Failure to refer to another doctor/hospital who the patient should have been directed towards; and
  • Failure to alert a patient that he/she has a certain medical condition of which the GP is aware.

Positive Action

As opposed to a failure to carry out a certain duty a GP may take positive action, which causes harm to the patient. This might include:

  • The prescription of medication which is inappropriate; and
  • The administration of some treatment which leads to the patient suffering harm.

 

Hugh James GP negligence claims experience

Over the years the medical negligence experts at Hugh James have successfully recovered damages for many patients and have become experts in this field of medical negligence.

We have access to the best specialist medical experts to enable us to obtain evidence of past and possible future needs to ensure that you are adequately compensated for the disability you suffer.

We treat every client with sensitivity and care, whilst aiming at the same time to deliver results including the highest financial settlement possible.

We are able to assist you on a no win, no fee basis.

If you or a member of your family has suffered as a result of a medical negligence, contact our friendly and approachable team today.

If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.

We are dedicated to your best interests and can advise you on how to proceed.

 

Typical GP negligence claims

The most common reasons for suing GP for negligence claims:

  • Failure to visit a patient at home where the history suggests a possibly serious problem;
  • Failure to adequately examine the patient;
  • Not acting on the results of tests (such as abnormal cervical smear result);
  • Failure to communicate with other health care professionals resulting in sub-standard care;
  • Failure to adequately investigate symptoms;
  • Failure to refer to a specialist when necessary;
  • Not keeping proper records resulting in harm to the patient;
  • Performing minor surgical procedures inadequately or without the necessary skill and expertise;
  • Inappropriate prescribing of drugs.

Whatever your injury,the team at Hugh James has the commitment,  expertise and experience  to get the result you want - and to make the process of pursuing medical negligence compensation claims, also known as clinical negligence claims, as easy as possible for you.

If you believe that you have suffered harm as a result of any action/inaction of your GP then you may have a potential medical negligence claim.

Key contact

Mari Rosser is Head of Medical Negligence. Her main area of expertise is clinical negligence; she is a member of both The Law Society’s clinical negligence panel and the referral panel for Action against Medical Accidents.

View team

Your questions answered

How to sue a GP for negligence?

 

We will arrange a free initial consultation to discuss the treatment in question. We will advise you thereafter whether we feel that you have a potential medical negligence claim.

The usual first step in pursuing a medical negligence claim is to obtain medical records. After that, input from a medical expert is likely to be required to assess whether the treatment provided fell below a minimum standard of care. Depending on the outcome of the initial assessment by the expert, you may need to attend an appointment to be examined.

Expert evidence will assist us in determining the strength of the medical negligence claim and the allegations of negligence which can be put forward to the health care professionals responsible.

Depending on the injury suffered, we will obtain evidence in relation to your care needs to ensure that any rehabilitation costs, home adaptations or future treatments are fully considered and included as part of your claim.

The process can be quite lengthy depending on the complexities involved with the case and the nature of the particular injury.

While we will make every effort to resolve the claim outside of court, it is possible that you may have to attend court if a resolution is not reached.

Even if court proceedings are commenced, this does not automatically mean that the claim will proceed to trial. The claim may still resolve before this time. If you do have to attend court we will be at hand to assist and support you every step of the way so as to ensure that you are prepared and comfortable with the process.

Are there time limits to bringing a GP negligence claim?

 

Personal injury and medical negligence cases are subject to time limits. It is best to contact a solicitor as early as possible to ensure your case can be dealt with.

Generally the time limit for a medical negligence case is three years from the date the treatment took place or the date you were made aware that something had gone wrong. These rules can be extremely complex and varied and a lawyer will be able to check which time limit applies to you after some initial investigations. In some cases time limits can be extended.

If a child suffers negligent care, a claim can be made up until their 21st birthday. Claims relating to children must be made by an adult on their behalf.

If a claim is brought on behalf of someone who does not have mental capacity, the three year time limit does not apply. If however, mental capacity is regained, the three year period will start at this time.

We will discuss the time limits with you during our initial consultation.

What is the cost of bringing a GP negligence claim?

 

We will provide you with our free initial opinion in relation to your claim. After our assessment, we will tell you whether you have a reasonable chance of success, and you can instruct us to act on your behalf.

If you choose to instruct us we can offer you a no win, no fee agreement where possible, meaning you won't be charged legal fees if you are unsuccessful. If your claim is successful, compensation will be awarded to you. A success fee will be deducted from the compensation. All other legal fees will be covered by the defendant should the case be successful.

All the financial information will be discussed with you, free of charge, before you decide to instruct us.

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