GP Negligence – What To Consider?

A General Practitioner (GP) is often the first point of contact for individuals seeking medical advice or treatment. Their role is crucial in prescribing medication, diagnosing conditions and referring patients for specialist care. Whilst GP care in the UK is provided to a very high standard, mistakes can happen and the consequences can be life changing.

If your doctor makes a negligent error, you may be able to bring a claim for damages in clinical negligence.

Common examples of GP errors include:-

Failing to refer to a specialist

GP's are expected to identify when concerning symptoms require specialist input or review. Failure to refer a patient to a specialist can lead to a delayed diagnosis and ultimately a delay to receiving treatment.

Misdiagnosing a condition

Misdiagnosing a condition can occur for a variety of reasons. Misdiagnosis can also result in a patient either getting the wrong treatment, or a lack of treatment altogether. Misdiagnosed conditions can often be left for some time before concerning symptoms arise, by which time treatment may be more complex than had an illness been correctly identified earlier. Misdiagnosis can also affect the outcome for a patient.

Failing to conduct a proper examination

It is often crucial for GP's to undertake a thorough physical examination to help make an accurate diagnosis. Insufficient or incomplete examinations can lead to missed symptoms, delay and inadequate or incomplete treatment.

Prescribing the wrong medication and/or treatment

Should a GP prescribe the wrong medication or incorrect dosage then patients can often experience adverse reactions which worsens a condition or creates new health problems.

What can be done?

If mistakes are made, patients may be able to bring a claim for damages in clinical negligence. The responsibility of proving there has been negligent treatment lies with the Claimant. This is called the Burden of Proof.

For a claim for damages in clinical negligence to have any reasonable prospect of success, a Claimant will need to prove the following:-

1. that the care they received was below the standard that a reasonable medical professional is expected to provide. This is a difficult test to overcome and substandard care or treatment is not necessarily regarded as negligent. The Claimant must show that the treatment they received was so substandard that the actions of the doctor would not be supported by a reasonable body of medical opinion. This is known as Breach of Duty; and 
2. that the breach caused an injury or adverse outcome in their condition and/or that the breach materially contributed to the same, which could have been avoided. This is known as Causation.

The Claimant must prove both breach of duty and causation for the claim to succeed. 

How is a Claimant compensated?

If negligence is proved and admitted which will mean the claim is successful, the only remedy available is damages (financial compensation). The purpose of this compensation is to restore the injured party to a position that they would have been in, had negligence not occurred.

Any award for damages is usually made up of General and Special damages. General damages may include:-

• Pain, suffering and loss of amenity, arising out of physical injuries sustained
• Psychological injury

Special Damages may include:-

• Past and future financial loss, such as a loss of earnings and pension
• The cost of care that is required now, or in the future
• Home adaptations or extra equipment needed as a result of a sustained injury

Time limits for making a claim

There are strict time limits in place for bringing a medical or clinical negligence claim. If your claim is not settled within 3 years from the date of the alleged incident (known as your date of injury), or the date you became aware of any negligence (known as your date of knowledge), Court proceedings must be issued in order to protect your claim. If proceedings are not issued within 3 years of this date the claim will become statute barred, which means that you will be unable to pursue it any further.

Exceptions do apply to this rule for minors and those who lack mental capacity. The three year period for all children begins on the date of their 18th birthday. This means the limitation period will not expire until a child reaches the age of 21.

The ordinary rules surrounding limitation do not apply to those who lack mental capacity. The rules surrounding these exceptions are complex and you should seek expert legal advice at the earliest opportunity.

Sills & Betteridge Solicitors have a dedicated Medical Negligence Team with extensive experience. Often, we can offer initial advice at no cost. 

If you are concerned about medical treatment you have received, contact our specialist team today. We have offices through Lincolnshire, Yorkshire and the East Midlands though we frequently represent clients all over the UK. For more information about medical or clinical negligence, please contact us on 0800 542 4245, email us on info@sillslegal.co.uk or call in to one of our offices.