Can I Sue My GP for Medical Negligence?

Medical negligence occurs when a healthcare professional fails to provide a reasonable standard of care, resulting in harm to the patient. For a claim of medical negligence to be successful, it must be established that the healthcare provider breached their duty of care, causing harm that could have been avoided.

A GP-patient relationship establishes a duty of care. GPs are expected to adhere to the standard of care that a reasonably competent and skilled GP would provide in similar circumstances. If a GP fails to meet this standard, and harm results from their actions or inactions, it may be considered medical negligence.

Common areas of GP medical negligence:

• Fails to diagnose your condition, makes a mistake treating you or referring you for the treatment that you need.
  
• Failure in the treatment of an ongoing condition which causes ongoing pain and suffering or even avoidable death.
• Errors in the administration of medication and making an appropriate timely referral.
• Misdiagnosis or delay in diagnosis of a medical condition.

Proving Negligence:

Proving medical negligence involves demonstrating that the GP breached their duty of care, and this breach directly caused harm to the patient. It is crucial to show that the harm suffered was a consequence of the GP’s actions.

NHS Complaints and Legal Action:

Before pursuing legal action, patients are encouraged to file a complaint through the National Health Service (NHS) complaints procedure. This process allows for an investigation into the incident and can result in an apology or compensation if negligence is established.

If a satisfactory resolution is not achieved through the NHS complaints procedure, patients may consider taking legal action. It is advisable to seek legal advice from a solicitor with expertise in medical negligence cases. They can assess the details of the case and guide individuals through the legal process.

Time Limitations:

It’s important to note that there are time limitations for filing a medical negligence claim. The general rule is that a claim must be brought within three years of the date of the negligence or the date the patient became aware of the negligence. Exceptions may apply in cases involving minors or individuals lacking mental capacity.

Conclusion:

While suing a GP for medical negligence is a complex process, patients have the right to seek compensation if they believe they have suffered harm due to substandard care.

Understanding the elements of medical negligence and the importance of timely action can empower patients to make informed decisions about pursuing legal remedies when necessary.

Seeking legal advice is crucial to navigating the intricacies of a medical negligence claim and achieving a fair resolution.

Our team has decades of combined experience in successfully advising and representing clients in Medical Negligence Claims.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.