GP Negligence Claims Solicitors

Your GP is usually the first person you see when you experience a health issue, so their judgement and actions are critical to ensure you get the correct treatment quickly, especially if you have a serious condition.

Unfortunately, there are times when the standard of care we expect from our doctor isn't provided, and in some cases, you may have a right to claim for compensation.

What is a GP negligence claim?

A GP negligence claim is a legal claim for compensation by a patient against their doctor or general practitioner. A claim can be made when a GP has failed to meet the reasonable level of care expected.

GP negligence may occur if a patient has been misdiagnosed by their doctor or their symptoms have not been appropriately investigated, leading to an injury or illness or worsening an existing condition.

The amount of compensation you may be able to claim will depend on the severity of your condition and the effects it may have on your life.

When can I make a GP negligence claim?

In most cases, you can start a GP negligence claim within three years of the date the negligence occurred or when you first became aware that the treatment you received was negligent.

We trust our health with the expertise of the medical professionals whose job is to care for us, and no more so than with our GPs at our local doctor's surgery.

Despite being under more pressure than ever, doctors are legally obliged to provide their patients with a "reasonable level" of care. If you can prove that the care you received dropped below this level, you may have a right to claim compensation.

What types of GP negligence could I claim compensation for?

You can claim compensation for GP negligence if the standard of care you received fell below the expected level and led to an injury or illness or made an existing condition worse.

Examples of negligence by a doctor or GP might include:

Not carrying out a full and proper examination
Failure to investigate your symptoms properly
Incorrect diagnosis / misdiagnosis
Delayed diagnosis
Failure to diagnose
Failure to refer you to a specialist
Failure to refer you for tests or examinations
Referring you to the wrong specialist
Failure to interpret test results accurately
Failure to act on test results
Providing an incorrect prescription
Prescribing the wrong dosage of medication
Not monitoring you properly while on medication
Failure to follow up with you during your course of treatment
Injuries caused by the GP during your examination
Not taking your medical history into account

Additionally, The General Medical Council provides guidance on what it classifies as "good medical practice", considering the principles, values, and standards of professional behaviour expected of all doctors registered with them. The guidance came into effect in January 2024.

The guidelines suggest that doctors should do the following:

Make patient care the first concern
Provide a good standard of practice and care
Work in partnership with patients to support them to make informed decisions about their care
Act with honesty and integrity
Protect and promote the health of their patients
Treat colleagues respectfully and contribute towards a compassionate, supportive and fair environment.

If your GP has acted in a way that is not aligned with these guidelines and has caused you to suffer an injury or illness, you may be able to claim compensation.

How much compensation can I claim for GP negligence?

The amount of compensation you may be able to claim for GP negligence will vary significantly and will depend on the severity of your injury or illness and its impact on your life.

Typically, you may receive a higher level of compensation the more severe your injuries or illness may be and if the length of time it may take for you to recover is longer.

Depending on your condition, compensation amounts for GP negligence could start at a few thousand pounds for a minor issue and up to several hundred thousand pounds for most serious cases.

The level of compensation you may receive will depend on several factors, including:

The severity and type of injury you have suffered
The level of pain and suffering you have experienced and may continue to experience
Your medical costs to date, and the cost of ongoing medical treatment, and the care you may need
Your loss of earnings, including future earnings
The unique circumstances of your case.

The intention of awarding financial compensation is to put the claimant back in the position they would have been in had the negligence never occurred. It is not to punish the healthcare provider or the doctor individually.

How is compensation calculated when claiming for GP negligence?

Compensation amounts for medical negligence against GPs are calculated by combining the compensation you may be legally entitled to for both general and special damages.

General damages amounts relate to the pain and suffering you may have experienced, while special damages relate to the effects the injuries may have on your life.

What are general damages in GP negligence claims?

The amount of compensation you may receive for general damages in a GP negligence claim may relate to the level of pain, suffering and loss of amenity, sometimes known as PLSA. Compensation amounts awarded will consider how the injuries may affect your daily activities, including socially, domestically and at work.

The Judicial College Guidelines from the Ministry of Justice provide guidance on the amount of compensation you can claim for general damages. These amounts relate to the part of the body injured, how severe the injury is, and if any ongoing symptoms may develop.

What are special damages in GP negligence claims?

In addition to the amount you can claim for general damages, you can claim for any reasonable financial losses or "out-of-pocket" expenses directly related to the negligent treatment you may have incurred or will incur.

The amount of claimable special damages is particularly significant for those who have suffered severe injuries, as they may need extended medical assistance, specialist equipment and adaptations to their home.

Claims for special damages could include, but may not be limited to:

Any loss of income or pension
Any costs associated with your rehabilitation or ongoing medical treatment
Any costs related to adaptations you may need to make to your home
Any costs for the care you may have or will need to receive, even if a family member or friend provides this
Any out-of-pocket expenses you or anyone who has cared for you may have incurred

Our specialist medical negligence claims solicitors recognise that no amount of money can make up for what you may have suffered, so we take the utmost care and consideration into ensuring you are compensated correctly in relation to the severity of your injuries, the effects they have had on your life, as well as your loss of earnings and changes to your lifestyle.

How do I make a medical negligence claim against my GP?

The best way to discover your legal rights to make a compensation claim for GP negligence is to speak to one of our specialist GP negligence claims solicitors.

Recognised and accredited by the Law Society for medical negligence, our team of dedicated, specialist medical negligence solicitors have decades of experience helping clients to claim compensation under even the most challenging circumstances.

Once you arrange a free, no-obligation consultation with us, we can advise you of your legal rights, how much compensation you may be entitled to claim, and how long the process may take.

What do I need to prove when making a GP negligence claim?

You will need to prove that the standard of care you received fell below the reasonably expected acceptable standards and that your doctor was negligent, and this caused your injury or your condition to worsen.

To do this, our medical negligence solicitors will examine four key areas relating to the medical care you received.

Duty of care - All GPs and doctors are legally required to provide their patients with a "reasonable" level of care. The first step is to discover if the level of care you received fell below the accepted standard.
Breach of duty - Proving that your doctor failed to provide the legally required level of duty of care.
Causation - Proving that the actions of your doctor were the cause of your condition or injury.
Damages - Providing evidence that your doctor's negligence has negatively affected your life.

What information do I need to provide to start a GP negligence claim?

While discussing your claim with our specialist solicitors, we will ask for information you can provide to support your case.

Don't worry if you don't have all of this information. Our experienced solicitors can collect this information on your behalf.

Such information may include, but isn't limited to:

Your medical records

We will build a comprehensive file including all records of your appointments and treatment you received, including, where applicable, x-rays and scans. Such documents are vital in proving negligence.

A statement from yourself

The more information you can provide, the better we can advise you of your rights and build the most compelling case on your behalf. Typically, such information includes a timeline of your medical appointments, your experiences, and the impact the care you received has had.

What is the time limit for claiming compensation for GP negligence?

The time limit to start a medical negligence claim against a GP is three years from the date the incident happened, when you first became aware that the negligence occurred, or when you became aware that your doctor's actions have caused your medical condition.

However, there are some exceptions to the three-year limit to start your claim. These include:

If a child has suffered from GP negligence, they have up to three years from the date of their 18th birthday to start a claim.
If a person is unable to claim due to limited mental capacity, the three-year time limit does not apply and may only start if their condition improves to a point where they are able to claim for themselves.

We recommend that you start your claim as soon as possible, as this can help us collect all the evidence we need to present the strongest case.

Can I make a no win no fee claim for GP negligence?

Yes, our medical negligence solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include legal fees, medical reports, court, and other expenses.

Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.

How long does a GP negligence claim take?

Medical negligence claims, including GP negligence claims, can be highly complex and typically may take up to 18 months or more to settle. While there is no defined time frame for such cases, it is usual that more complex claims will take longer due to the additional factors involved.

When you speak with our specialist medical negligence solicitors, we can advise you on how long your claim may take and what the process of making a claim will involve.

Do I have to go to court to make a GP negligence claim?

It is unlikely that you will have to go to court when claiming compensation for GP negligence. The Ministry of Justice's Pre-Action Protocol for the Resolution of Clinical Disputes is a system specifically created to help settle claims through negotiation and other non-confrontational methods. It also helps resolve claims quicker and at a lower cost.

Can I make a GP negligence claim on behalf of someone else?

Yes, you can make a compensation claim against a GP on behalf of someone else. Such examples where you can claim on behalf of someone else include:

Claiming on behalf of a child

Children cannot legally claim themselves until they reach 18. Commonly known as a "litigation friend," a parent or legal guardian can claim on their behalf. As a litigation friend, the person has a legal duty to act in the best interests of the person for whom they are claiming.

Claiming on behalf of someone with diminished mental capacity

If the person who has been a victim of medical negligence may not have the mental capacity to claim themselves, a legally designated person may be able to claim on their behalf.

Will I need to have a medical examination when making a GP negligence claim?

Yes, as part of the claim process, you will usually be required to be examined by an independent medical professional. The examination and their opinion will form part of your case and help you claim the compensation your
condition deserves.

Will my doctor lose his job if I make a claim against him?

It is unlikely that your GP will lose their job because of your claim. However, depending on the severity of the alleged negligence, they may receive disciplinary action, suspension or restriction on how they may be able to practice.

Will I need to change doctor's surgery if I make a claim?

No, you will not need to change doctors’ surgery if you choose to start a claim for negligence against your GP. You are legally entitled to care from your surgery, and your level of care should be provided at the level expected of any other patient.

You have the right to change GPs if you so wish and, if you prefer, to change practices if this makes you feel more comfortable.

Can I make a compensation claim against a private doctor?

Yes, you can claim compensation if your care under a doctor from a private healthcare provider was negligent. Your legal rights to claim are the same whether your care was from an NHS or private doctor.

Why choose Wolferstans to make your GP negligence claim?

Our team of dedicated, specialist medical negligence solicitors have decades of experience helping clients to claim compensation under even the most challenging circumstances.

With a proven track record of successful claims, often achieved without needing you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.

Wolferstans is Lexcel accredited, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.

Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:

Headway – the brain injury association
The Spinal Injuries Association
The Brain Injury Group
APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)
Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists and by APIL as Brain Injury Specialists.

Start a GP negligence claim with us today

To arrange a free initial no obligation consultation and find out more about starting a GP negligence claim:

To arrange your consultation please contact the new client team on 01752 292204.

More information on claiming for medical negligence with Wolferstans

What to expect during your free consultation
List of all medical negligene claims we can help you claim for
How to make a medical negligence claim
Funding options for medical negligence claims
More information on claiming on behalf of someone else
See how we've helped others in your position
Our accreditations
Helpful leaflets to download