How To Sue A Doctor

GP Negligence Claims

We all put our faith in our GPs to care for ourselves, our children, our parents and our friends. If this trust is broken and a doctor provides us or our loved ones with substandard care, we are likely to be devastated. Furthermore, if this substandard care has a detrimental effect on us or our loved ones, we are likely to want to be compensated.

If you are considering suing a doctor, we are here to help you and to explain your legal rights.

What is GP Negligence?

It is usually the case that a visit to our doctor will be enough to receive the medical advice required to send us away on the road to recovery without any further intervention being required.

However, on occasion, GPs act negligently which results in complications being suffered by the patient. This may lead to further treatment or surgery which would have been unnecessary but for the GP’s negligence.

The law protects you against any doctor providing you with substandard care.

It is possible to sue a doctor who works in an NHS hospital, a private practice or a GP's surgery.

Also the law understands that if a doctor has been negligent towards you, you may not always be able to make a claim for yourself. It is possible to sue a doctor for negligence on behalf of yourself, your child, an elderly relative, an individual who has passed away or another loved one who is unable to make the claim themselves.

What Can I Sue My GP For?

You will have to speak to 1stClaims to find out whether you can claim as every case is very different. However, GPs can commonly be negligent in a number of ways:-

  • Wrongful diagnosis
  • Failure to diagnose
  • Delayed diagnosis
  • Prescribing errors
  • Failure to refer

Examples of doctor negligence include patients' complaints not being taken seriously enough, illnesses being incorrectly diagnosed, GPs refusing to carry out blood tests, incorrect or inappropriate medication being administered, incorrect doses of medication being prescribed, referrals to specialist consultants not being made in time or at all and follow up appointments/treatments not been carried out quickly enough . They can also include serious illnesses (such as cancer) being misdiagnosed as something less serious, broken or fractured bones going undiagnosed due to lack of referral for x-ray, failing to follow-up on a patient’s complaints and concerns, failing to correctly identify an illness or injury and treating an injury or illness in a manner which leads to complications and/or further injury or illness.

You may be able sue your GP for errors other than these, just give 1stClaims a call today on 0800 2888 693 to find out if you can make a viable claim. To be able to sue your GP, you must be able to show that a GP's negligent action directly caused you or a loved one to be harmed.

What are the Costs?

1stClaims does not charge you for using our service and all initial enquiries with our Solicitors are also free of charge, so rest assured, this initial step of making an enquiry will not cost you anything.

Once one of our Solicitors has assessed the merits of your enquiry they will make a judgement on the likely chances of bringing a successful claim and if the prospects are good, they will normally offer to take your case on a No Win No Fee basis. NOTE: If your case is successful your Solicitor will deduct up to a maximum of 25% of your final settlement or compensation award as payment for their fees. You can find out more about No Win No Fee arrangements and the potential costs that can be incurred by clicking here.

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How 1stClaims Can Help You

Every GP negligence case is different. This is why we offer you a free, no obligation discussion with one of our GP negligence claims solicitors. Simply call us on 0800 2888 693 (from a mobile click to call: 01348 630 720) or complete our medical negligence compensation enquiry form to be advised of your options.

Remember, all initial enquiries are completely free of charge and the solicitor will investigate all funding options for you. 1st Claims understands that every client requires a personal service, tailored to their exact needs, so get in touch today to see how we can help you. To return to our medical negligence home page click here

We are here to help you from 8am to 8pm Monday to Friday,
8.30am to 6pm on Saturday and 9am to 6pm on Sundays.


Further Reading

Has My Doctor Been Negligent?

To establish whether or not your doctor has been negligent they will have to be shown to have been in a position where they owed you/the patient a duty of care and that you or the patient suffered direct harm as a result of their negligent management of this care. The decisions the doctor made and the treatment they gave will be assessed. If it is found that they acted in a way in which other doctors would not have acted, and this resulted in a negative effect, you will have grounds to make a successful medical negligence claim.

How do I Sue a GP for Negligence?

If you can prove that your GP has acted negligently then you may be able to make a successful claim for GP negligence. You should consider these simple steps:

1. Deadline - you must commence a claim within 3 years of the date of the incident in question. If you do not commence a claim within this timescale you will not be able to claim for compensation. Making a claim as soon as possible is always recommended, as soon as you feel healthy enough to.

2. Lawyer - choose a lawyer you feel happy and comfortable with. Of equal importance to this, ensure the lawyer you choose is specialised in medical negligence law. 1stClaims will be able to help you find the perfect lawyer for you, so get in touch with us today. They will be able to give to the legal support you need. You can do this on behalf of a family member if they are unable to do this on their own.

3. Evidence - keep track of any evidence which could be relevant to your case. Keep detailed records of your appointments with your GP, together with records of any telephone consultations and referral appointments. Your solicitor will arrange to obtain and copy of your medical notes and x-rays. You will have to pass this information on to your lawyer and it will be a lot easier if you have it at hand. Keep any prescriptions, receipts from further treatments, notes of further treatment and a diary detailing the progression of your health issues. For example, if you fell ill with appendicitis and your GP failed to diagnose it, you should keep a note of the progression of your condition, if you are well enough to do so. All of this is not vital, but very helpful.  

Doctor negligence claims can be complex as it can often be difficult to show that the injury or illness you are suffering from has been caused or exacerbated by the negligence of your GP. Your solicitor will arrange for you to be assessed by an independent medical expert who will assess your injuries and/or illness and will advise on whether the symptoms you are experiencing have been caused by the negligent actions (or inactions) of your GP.

You may also have suffered financial loss as a result of your GP’s negligence if, for example, the time you have been required to take off work because of your injuries or illness has been prolonged due to the negligent act or omission of your GP. Suing your doctor may seem like a daunting prospect but it does not need to be with 1st Claims. We will support you every step of the way.

How To Sue A Doctor's Surgery

Doctor's surgeries also have a legal duty to provide an acceptable level of care to their patients. This will take into consideration issues such as waiting times, diagnoses and administration. If the surgery fails to reach the standards reasonably expected of the medical profession, and this directly harms their patients, the doctor's surgery will have been negligent.

Suing a Doctors Surgery for Negligence

It is possible to sue a doctor's surgery for medical negligence compensation on behalf of yourself or on behalf of a loved one. So how do I sue a doctor's surgery for medical negligence?

There are a few common errors which may result in a medical negligence compensation claim being made against a doctor's surgery.

  • Administrative errors: there are various ways in which administrative errors can affect the patients of a doctor's surgery. For example, individuals being given incorrect test results or experiencing the loss of their test results could lead to a failure to provide appropriate treatment to the patient.
  • Prescribing errors: prescribing errors can be extremely dangerous and in the very worst cases they can be lethal. Prescribing errors may be the result of an administrative error, a doctor's error, a nurse's error, a pharmacist's error or all of the above.
  • Unacceptable waiting times: if you or a loved one has been left waiting to see a doctor when suffering from a serious illness, this may have caused the illness to become worse than it otherwise would have been. This may be grounds to claim for medical negligence.
  • Failure to refer: if you need treatment from a specialist, your doctor should refer you to the correct individual. If they do not refer you for treatment this may lead to a worsening of the disease.

How Much Compensation Will I Receive for Suing My GP?

This will be dependent on the effects your doctor's negligence has had on you. The compensation amount will be assessed regarding negative changes to your physical and mental health following the negligent care, loss of current and future earnings, other financial losses and long term changes in quality of life.

Make a claim now or you can speak to us on 0800 2888 693

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