For most people, their GP surgery is their first point of contact with the health service, and when something goes wrong at that stage, the consequences can be serious. GP medical negligence claims arise where the care provided by a general practitioner falls below a reasonable standard and the patient is harmed as a result.
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What Kinds Of Failings Lead To A Claim Against A GP?
The most frequent cause of GP medical negligence concerns diagnosis. A GP may wrongly attribute a patient’s symptoms to a minor condition when they point to something more serious. Cancer, sepsis, meningitis, heart attacks, and deep vein thrombosis are among the diagnoses most often missed at this stage. Sometimes, a misdiagnosis can amount to negligence.
Another common cause is referral failures. A GP who fails to recognise that specialist input is required, recognises that specialist input is needed but does not make the referral, or makes it routinely when an urgent referral was called for, may cause a delay in treatment, and may be negligent.
Prescribing errors are another type of GP medical negligence. They can include where a GP prescribes the wrong drug or dose, a drug that interacts dangerously with a patient’s existing medication, or one that the patient is recorded as being allergic to.
Does A Missed Diagnosis Always Mean GP Medical Negligence?
No, a missed diagnosis does not always mean that your GP was negligent. A GP works with limited time, without hospital investigations to hand, and often sees patients at an early stage when symptoms are vague or could point in several directions. The law does not expect perfection or the benefit of hindsight.
The test is whether the GP acted in a way that no reasonably competent general practitioner would have acted. A diagnosis that turns out to be wrong is not negligent if it was a reasonable conclusion on the information available at the time. What may be negligent is failing to ask about obvious warning signs, disregarding a symptom that clearly called for further investigation, or failing to arrange a review when the patient was told to return if things did not improve.
Does The GP’s Actions Have To Have Caused You Harm?
Yes, even where the standard of care was plainly inadequate, a claim only succeeds if the failing caused harm. In delayed diagnosis cases, this means showing that earlier diagnosis would have led to a better outcome, whether a less invasive treatment, a better prognosis, or avoiding a deterioration that has since occurred.
Where the condition would have progressed in the same way regardless, a claim will not succeed despite the poor care. This is why expert evidence is needed on both the standard of care and the effect of the delay.
Who Is Legally Responsible For GP Medical Negligence?
Most GPs are not employed by the NHS but work as independent contractors through a practice that holds an NHS contract. Historically, this meant claims were pursued against the individual GP and their medical defence organisation.
Since April 2019, the Clinical Negligence Scheme for General Practice, run by NHS Resolution, provides indemnity for NHS work in England carried out from that date onwards. You do not need to work out who is responsible before seeking advice, as we will identify the correct party.
What If The Treatment Was Provided By Someone Other Than A GP?
Surgeries increasingly rely on a wider team, including practice nurses, paramedics, physiotherapists, pharmacists, and physician associates. Care may also be provided through an out of hours service or by telephone or video consultation.
The same legal principles apply to whoever supplied your care and however they supplied it. Each professional is judged against the standard reasonably expected of someone in their role, and the practice may be responsible for the acts of those it employs. Where a triage decision or remote consultation is involved, the question is often whether enough was done to identify that the patient needed to be seen in person.
Should You Complain To The Surgery First?
You are not required to complain before bringing a claim, and the two processes are separate. A complaint can be useful, as the practice must respond and may explain what happened. Where the care was provided under the NHS, an unresolved complaint can be taken to the Parliamentary and Health Service Ombudsman; private providers have their own complaints procedures.
It is worth bearing in mind that the complaints procedure cannot award compensation, and that time spent pursuing it does not extend the three-year limit for starting a claim. If you are considering both, you should take legal advice early so that the deadline is not overlooked.
How Can Our Medical Negligence Solicitors Help?
Our expert medical negligence solicitors would be glad to support and guide you through your GP medical negligence claim. At your first meeting with us, we will review your medical records, advise you honestly on the strength of your case, and explain your funding options, including no win no fee arrangements, before any work begins.
We offer a free initial conversation with no obligation, giving you the information you need before you decide how to proceed. To speak to a member of our medical negligence team, contact us on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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