In most cases of injury or illness, our first port of call is usually our GP. We place trust in our family doctors but sadly sometimes that trust is misguided. GPs are only human and can and do make mistakes. If that mistake arises out of carelessness or would not be the sort of mistake another GP might make then you may be able to make a claim for negligence.

Types of GP Negligence

There are a variety of mistakes that a GP could make that could lead to a claim for negligence and compensation. These include:

• Failing to make a home visit when the evidence suggests that there might be serious problem.
• Failing to make an adequate examination of a patient.
• Failing to monitor the results of tests, for example an abnormal cervical smear.
• Failing to make an adequate examination of a patient.
• Making the wrong diagnosis.
• Failing to refer to an appropriate specialist.
• Inadequate note taking leading to injury to the patient.
• Negligently performing minor procedures they are not competent to perform and causing injury.
• Incorrect prescriptions being issued.

One of the roles of a GP is to be able to spot when a reference to a specialist is necessary and to arrange that expeditiously. A considerable proportion of the medical negligence compensation claims that arise against GP’s often come from their failure to identify the seriousness of the presenting condition and the slowness of the referral. If a GP misses the obvious signs of a cancer for example, then the results for the individual could be extremely serious.

Examples of Recent Successful Cases

In a recent case a GP was found to be negligent in failing to refer a young child back to hospital and the delay of 2 days was found to have been a contributory cause of the child’s permanent injury to her hip and leg shortening. The child had picked up an undiagnosed infection in hospital on the first visit and the delay by the GP meant that that infection had spread.

In another case recently decided, a GP practice was found to be liable for the delay in referring a child to hospital where the child was exhibiting symptoms which justified a referral to hospital. The standards of care given by the GP’s had fallen short of  the standard to be expected from reasonably competent GP’s so they were liable for the permanent brain injury damage to the child which could have been avoided had the referral been made.

Time constraints on GPs make the job difficult but they have to treat and diagnose in a competent manner and if they do not do so, a claim for compensation could follow.

Time Limits

There is a three year time limit for bringing claims, from the date of the alleged negligence (or when you first became aware that negligence might be the cause) although children retain the right to bring a claim until they are twenty one.

Making a GP Negligence Compensation Claim

In order to pursue a claim, it is necessary to show that the treatment fell below what would be expected of a reasonably competent GP and that there is a direct link between that treatment or lack of it, that leads to the injury.

The consequences of medical negligence on the part of a GP can be catastrophic for the patient involved and the compensation can run into many thousands even millions of pounds. However, these compensation claims can be expensive to pursue and are not always successful. You should therefore ensure that you have a specialist solicitor acting on your behalf.