Last Updated 30th August 2024 by Jade. This article discusses when you may be able to claim compensation for a GP misdiagnosis.
Medical professionals, including doctors, owe a duty of care to their patients. This involves providing patients with a minimum standard of care. If they fail to uphold the duty of care they owe, it could lead to a patient experiencing unnecessary harm. This is known as medical negligence.
In some cases, it may be possible to claim compensation for harm sustained in a medical setting. We will explore when you could be eligible to do so in more detail throughout our guide.
Additionally, we will explore the process of making a claim, including the steps you could take to support your case and the compensation that could be awarded should your claim succeed.
Please continue reading to learn more. Alternatively, you can contact our team of advisers and discuss the circumstances surrounding your potential claim. Reach us by:
- Calling 0800 408 7827 to speak to an adviser
- Talking to an adviser via the live chat feature below
- Filling in our contact form.
Choose A Section
- GP Misdiagnosis – When Are You Eligible To Claim?
- How Could A GP Misdiagnosis Happen?
- What Evidence Could Help You In A GP Negligence Claim?
- What Could You Receive In Medical Misdiagnosis Compensation?
- Why Make A No Win No Fee Medical Negligence Claim?
- Learn More About Claiming After A GP Misdiagnosis
GP Misdiagnosis – When Are You Eligible To Claim?
If you are wondering “Can I sue a GP for negligence?”, you will have to demonstrate that medical negligence has occurred. This is when a breach of duty of care causes a patient to suffer avoidable harm (harm that could’ve been prevented).
All medical professionals, including GPs, owe every patient under their care a duty. This duty requires them to always deliver the correct standard of care. If a medical professional ever delivers a standard of care that falls below what is minimally expected from them, that would be a breach of duty of care.
As such, here is the GP misdiagnosis claims eligibility criteria:
- Your GP owed you a duty of care.
- Your GP breached their duty by delivering substandard care.
- You suffered avoidable harm as a result of this breach.
Contact us if you can show that the above criteria applies to your circumstances. Our team can confirm your claim validity and can possibly connect you with a specialist medical negligence solicitor from our panel.
How Could A GP Misdiagnosis Happen?
Here are a few examples of how a GP misdiagnosis could occur due to the GP breaching their duty of care:
- Your GP failed to refer you for further tests, despite you exhibiting clear symptoms of cancer. A delay in the correct diagnosis and treatment could cause your condition of cancer to worsen, meaning you might need harsher treatment.
- Your GP sent you home because they did not listen to your concerns, despite you having clear symptoms of a chest infection. This causes your condition to worsen and develop into pneumonia.
- Your GP mistook your condition for another illness where another medical professional wouldn’t have. This led to you receiving the incorrect medication. Depending on what medication you are given, this could lead to your health being adversely affected.
Discuss with us today how your specific GP misdiagnosis happened. Our team can tell you whether you can sue a doctor for a misdiagnosis.
What Evidence Could Help You In A GP Negligence Claim?
There are different types of evidence you could provide in support of your GP misdiagnosis claim. For example:
- A copy of your medical records
- A diary recording any symptoms you experience
- Prescriptions
In addition, you may find it beneficial to seek legal advice. The medical negligence solicitors on our panel have experience handling claims similar to your own.
They may be able to help you gather evidence to support your claim as well as ensure you put forward a full claim.
Contact our team if you would like more information about the services the solicitors from our panel could offer.
Is There A Time Limit For Making A Medical Negligence Claim?
A piece of legislation called the Limitation Act 1980 stipulates a time limit within which medical negligence claims must be started. According to this law, you must:
- Begin a claim within 3 years of the date the incident took place.
- Begin a claim within 3 years of the time you realised you had experienced medical negligence.
However, there are certain exceptions that can apply. Call our team of advisors to learn more about these and whether they could be applicable to your specific GP misdiagnosis claim.
What Could You Receive In Medical Misdiagnosis Compensation?
Medical negligence compensation settlements can involve two heads of claim. The first of these, called general damages, is intended as a way to help compensate you for the pain and suffering caused by the medical negligence.
Whilst there are several factors that can be taken into consideration when valuing this head of claim, solicitors can use the Judicial College Guidelines (JCG) to help them assess how much compensation may be awarded under general damages.
The JCG contains a list of different types of harm alongside corresponding compensation brackets. We’ve provided a table containing these figures (only the top figure is not from the JCG).
Remember that your actual compensation could vary. This is in part because your circumstances will vary from those of another person.
| Type of Harm | Severity | Compensation Bracket |
|---|---|---|
| Multiple serious types of avoidable harm with financial losses | Serious | Up to £1,000,000+ |
| Bowels | (a) Double incontinence. | Up to £224,790 |
| Female Reproductive System | (a) Where an ectopic pregnancy has not been diagnosed in a younger person. | £140,210 to £207,260 |
| (f) Delay in diagnosing ectopic pregnancy that does not affect fertility. | £4,140 to £24,930 | |
| Male Reproductive System | (a) A complete loss of reproductive organs. | In excess of £187,790 |
| (b) Total impotence. | £140,220 to £181,020 | |
| Bladder | (b) Complete loss of function | Up to £171,680 |
| Lung Disease | (b) Lung cancer. | £85,460 to £118,790 |
| Kidney | (c) Loss of one kidney. | £37,550 to £54,760 |
Special Damages In Medical Negligence Cases
Special damages are intended as a means of helping you recoup financial losses incurred as a direct result of the medical negligence. It’s a good idea to keep receipts and bank statements to help support your claim for these losses.
Examples of the monetary losses you could claim back include:
- Travel expenses getting to and from hospital consultations, therapy, physiotherapy and other medical appointments
- Lost earnings
- Medical costs
Contact our advisers to learn more about how much compensation you could receive if you make a successful GP misdiagnosis claim.
Why Make A No Win No Fee Medical Negligence Claim?
It may be worth seeking the aid of medical negligence solicitors. A solicitor can bring a great deal of experience to the claiming process, helping you navigate legal complexities.
When pursuing a claim for medical negligence, a No Win No Fee agreement provides you with a way to access the services of a solicitor.
The solicitors on our panel may be able to offer you a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). Under the terms of a CFA, you generally don’t have to pay for the services of your solicitor:
- Upfront
- During the claims process
- If your claim fails
Instead, if your claim is successful, your solicitor will take a success fee at the end of the process. This fee is subject to a legal cap.
Contact Us For More Information On GP Misdiagnosis Claims
Please get in touch if you would like to speak to one of our advisors about your specific circumstances. Our team can offer free legal advice about your potential GP misdiagnosis claim and may be able to put you in touch with a solicitor from our panel. This consultation is free, so reach us today by:
- Calling 0800 408 7827 to speak to an adviser
- Talking to an adviser via the live chat feature below
- Filling in our contact form.
Learn More About Claiming After A GP Misdiagnosis
For more of our guides:
- How To Sue For A Prescription Error Claims Guide
- How To Sue A Hospital
- How To Sue A Hospital For Compensation
- Wrong Medication Claims Guide
- This guide can help you find out how you can claim compensation for the misdiagnosis of a stroke.
For external resources with related information:
- NHS Constitution For England – A government guide on the principles and values within the NHS in England.
- Good Medical Practice – The General Medical Council’s (GMC) guidance on good medical practice for doctors.
- NHS Resolution – Annual Statistics for 2020/21.
Thank you for reading this guide about claiming compensation following a GP misdiagnosis. If you have more questions, contact our team of advisers using the details provided above.
Article by FIN
Edited by MIT