GP Negligence Claims

In 2019, GP practices in England alone delivered 312 million appointments, rising by 3.8 million the previous year.

For many, GP practices are the first point of call when they feel unwell, so it is of the upmost importance that correct treatment is administered to the patient. Where this does not happen, it can seriously impact your medical treatment and your confidence in medical practices.

Due to the vast range of care that GP Practices offer, this is not a simple area of medical negligence and can stem into many different areas of care.

Possible claims stemming from the care received from a GP include:

• Failure or delay in referral – when the GP has reached the limit of what care they can offer, referrals can be made to specialists. When this is not done, it can cause a delay in treatment being administered or a delay in diagnosis which can lead to unwarranted pain and suffering for a patient
• Prescription of incorrect medication – in some cases, patients are prescribed medication which is not appropriate for them, or is incorrect
• Delay in diagnosis – sometimes, a GP may not identify symptoms of a condition, and as a result conditions are not diagnosed quickly
• Misdiagnosis – sometimes, a diagnosis is given, but it is the wrong one. This causes a delay in the correct treatment being provided

The above list is not an exhaustive one, however the categories listed above are the most common type of claims that are seen in this area of negligence.

You could be entitled to compensation if you feel that your GP has not met the required standard of care in regards to your medical needs. Our team at Oakwood Solicitors can assist you and give you free advice on whether you are entitled to bring about a claim for medical negligence.

The majority of our claims are funded on a no-win, no-fee basis, meaning that there is no financial risk to you in bringing about a claim.

The patient who has been affected may be able to bring about a claim. However, it can also sadly be the case that the patient has passed as a result of the disease. In such instances, the executor of the estate or the next of kin/dependents may be able to bring about a claim.

Our specialist team will be able to discuss whether you have a right to bring about a claim, so if you or a loved one has been affected do not hesitate to contact us.

You will have three years from the date you became aware that negligence has occurred. In cases where the patient is sadly no longer with us –  you have three years from the date of death to bring about a claim. In regards to children, the three year period starts from the date of their 18^th birthday, so you have until they are 21 years old to make a claim.

Medical negligence claims can be very complex and a lengthy procedure. Please do not delay your enquiry and contact our team at Oakwood Solicitors as soon as possible to ensure we get the best out of your claim before the limitation date is exceeded.

Given the complexities involved in pursuing clinical negligence claims, they can often take 18-24 months to conclude and longer if court proceedings have to be issued.

Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

• General damages – an award of money for the pain and suffering you have endured as a result of the negligence.
• Special damages – an award of money for all of your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future. This list is not exhaustive and is very case-specific.

The majority of clinical negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement. This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost. If you are successful in your claim, a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

Our dedicated team of solicitors and paralegals have a number of years of experience between them running cases of this nature often obtaining favourable levels of compensation for their clients.

We want to ensure that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and aim to allow the claims procedure to be as transparent as possible.

For example cases and settlements that we’ve successfully handled, read this article.