GP Negligence Compensation Claims

If your life, or the life of a loved one, has been affected by GP negligence, we can help.

If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a compensation claim with the help and support of a specialist clinical negligence solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove the negligence happened. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

We can help you make a medical negligence claim on a No Win No Fee basis.

In this article

Introduction

The General Medical Council have found that approximately 42% of complaints about doctors were related to GPs. GP negligence can exacerbate an existing condition at best, and at worst, can endanger patients' lives. If you have suffered because of GP negligence, you may feel that taking action could be complicated and stressful. However, Quittance's panel of solicitors can guide you through the process, and ensure that you get the compensation you deserve.

GP negligence can be defined as the failure of a GP to provide an appropriate diagnosis or the correct medication. Negligence also occurs when a GP fails to refer a patient for assessment by a specialist, or to act on the results of tests. This can be especially detrimental to people who have conditions that affect the length or quality of their lives.

Lawyer and claimants

Do I have an injury claim?

Medical negligence claims differ from personal injury claims as the following will need to be established:

  • there was a breach of duty ("negligence" or "fault"); and
  • the breach of duty was the cause of your injury, damage or loss ("causation" or "avoidable harm").

Breach of Duty

A breach of duty means that the standard of care you received was below the standard that could reasonably be expected of a competent healthcare professional.

Causation

To establish causation, it will need to be demonstrated that the injury you suffered resulted from the negligent care rather than the underlying condition.

Get an impartial opinion

To get impartial advice on whether you have a claim, speak to an injury claim expert on 0800 376 1001.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

Is compensation always payable?

If an error occurred during treatment and the patient was harmed as a result, this may be referred to as an "undesirable outcome".

Not all treatment that results in an undesirable outcome will result in the payment of compensation.

Sometimes an undesirable outcome is due to a known risk associated with the treatment, or due to a mistake that a doctor could reasonably have made in the circumstances.

Can I claim if the gp negligence made an existing injury worse?

Yes, although demonstrating this can be more difficult, so legal and medical advice should be sought as early as possible.

What if I want to make a multi-party or group claim?

A multi-party claim (sometimes referred to as a 'group claim' or a 'class action') brought by a group of people who have sustained the same or similar injuries due to the negligence of the same defendant. How you start a multi-party claim will depend on the circumstances and we recommend you speak to a solicitor for more information.

How long do I have to start a claim?

If your injury is apparent immediately after medical treatment, you will have 3 years to start a claim.

It may be that the negligent procedure happened more than 3 years ago, but your injury was only diagnosed recently, within the last 3 years. If so, you may still be able to make a claim.

What if your injury was diagnosed months or years after treatment?

You may not be immediately aware of your injury. In some cases, months and even years can pass before symptoms appear.

The law allows you to make a medical negligence claim up to three years after the 'date of knowledge' (when you first learned of the injury).

It is recommended that you start a claim as soon as possible, as medical negligence cases can be complex. Starting your claim sooner will give your solicitor more time to gather medical evidence, assess the extent of your injury and to negotiate interim payments and your final compensation amount.

What should you do if you have experienced GP negligence?

If your physical and mental well-being has been affected by GP negligence, it is important to seek the advice of a solicitor who has experience of dealing with cases like yours. The Quittance panel can advise you on whether or not you are likely to have a case for claiming compensation. The panel can also provide you with an estimate of how much your claim could be worth, enabling you to make an informed decision from the start.

Your solicitor can conduct an investigation into what has happened, and gather all the evidence necessary to pursue a claim for compensation.

Can I claim GP negligence compensation for someone else?

If a member of your family has suffered because of GP negligence, and is not able to make a claim, you can act on their behalf. If your family member has lost their life because of a lack of care from their GP, you could have a case for claiming compensation. An experienced solicitor will appreciate the extent of your suffering, and will work hard to ensure that you receive compensation for what has happened.

How much compensation can I claim for an injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for an injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an injury will depend entirely on your specific circumstances.

Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

Can I get an interim payment?

Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.

Calculate my injury compensation

Calculating how much compensation you can claim for an injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your injury claim could be worth now:

Injury Compensation
Calculator

  • Instant accurate calculation
  • Checks your right to claim
  • Confirms No Win, No Fee eligibility
Calculate my compensation

How long does a GP negligence claim take?

The length of time needed to secure compensation for GP negligence can vary considerably.

A simple uncontested medical negligence claim could be settled in 12 to 24 months. However, if the case goes to court or there is a complex ongoing injury a compensation claim 2 to 5 years. Normally a medical negligence claim will take 12 to 36 months. For more information on how long your claim could take, read more:

How long will my claim take?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee, no risk

With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.

Our no win, no fee guarantee

If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your injury. Read more about making a No win, no fee claim

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.

Is there a catch?

The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning medical negligence claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

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Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor