Which injuries can you make a GP negligence claim for?
Published - 22/09/2023
General Practitioners (GPs) are an essential part of the healthcare system, responsible for diagnosing various medical conditions and prescribing or referring treatment. However, they are not infallible. In some cases, their actions or inactions can lead to serious harm to patients. If this has happened to you, you may be eligible to make a medical negligence claim against your GP.
This article will discuss what counts as GP negligence and what injuries can result from this kind of clinical negligence. We also discuss when an injury is severe enough to make a negligence claim and which injuries usually make successful GP negligence claims.
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We explore when your injury becomes medical negligence and eligibility for personal injury compensation
Learn about some common examples of injuries resulting from doctor negligence
Injuries from mild to severe can all be eligible for compensation; it depends on the impact on the claimant’s life.
Learn whether your GP negligence compensation claim stands a good chance of success
Experienced personal injury lawyers can give you the best chance of receiving compensation
What counts as GP negligence?
GP medical negligence can occur when a GP fails to provide adequate care to a patient. This can take many forms, common examples of GP negligence include, misdiagnosis, delayed diagnosis, prescribing the wrong medication, or failing to refer a patient to a specialist when necessary. To prove medical negligence, the claimant must show that the GP breached their duty of care and that this breach caused harm to the patient, independent of any other cause. A violation of duty occurs when a GP fails to meet the standard of care that would be expected of a reasonable and competent GP in similar circumstances. A second opinion from a medical professional is often used to prove clinical negligence.
What are examples of GP negligence injuries?
GP negligence can lead to many injuries, from minor harm to severe or life-changing injuries. Some examples of damages that can result from GP negligence include:
- Delayed diagnosis of cancer or other severe conditions, leading to a poorer prognosis or reduced treatment options.
- Misdiagnosis of a condition leading to unnecessary treatment, further harm, or delayed appropriate treatment.
- Prescribing the wrong medication, leading to side effects, allergic reactions, or worsening of the underlying condition.
- Failing to refer a patient to a specialist when necessary, leading to delayed diagnosis or treatment.
- Failure to perform a necessary examination or test leads to a missed diagnosis or delayed treatment.
When is an injury severe enough to make a GP negligence claim?
To make a successful personal injury claim, the claimant must have suffered harm due to clinical negligence by the GP. The damage can be physical, and/or psychological, and may well lead to financial loss. GP negligence compensation can help you and your family cope with injuries or losses caused by clinical malpractice.
Case A:
A patient is a construction worker misdiagnosed with an ankle sprain when in actuality, the ankle was broken. The patient received improper treatment resulting in prolonged pain, suffering and more recovery than was initially proposed/necessary. The patient has missed months of work and spent many hours at physiotherapy sessions to regain lost mobility and strength. Eight months later, the patient recovered but suffered significant financial and psychological losses from a minor injury.
Case B:
This patient complains of abdominal pain, diagnosed as IBS; no examination was undertaken, nor were any further tests arranged. The patient lived with chronic digestive problems and pain for several years before discovering Crohn’s disease. The patient has suffered without the proper treatment, significantly impacting their physical and mental health.
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Which injuries make the most successful GP negligence claims?
The success of an injury claim depends on various factors, including the strength of the evidence, the injury's severity, and the case's circumstances. Medical negligence claims include:
- Misdiagnosis or delayed diagnosis of cancer or other life-threatening conditions.
- Prescription errors resulting in serious harm, such as organ damage or disability.
- Medical negligence or treatment that ultimately resulted in a patient’s death or suicide.
- Negligent treatment that resulted in a severe brain injury or permanent brain damage.
- Negligent treatment leading to severe complications or long-term disability.
- GP negligence resulting in long-term loss of fertility.
It is important to note that the success of medical negligence claims is highly dependent on the case's individual circumstances, and no two cases are exactly alike. It is essential to seek legal advice from a specialist medical negligence solicitor who can provide tailored advice based on the case's specific facts.
How can a medical negligence solicitor help?
Gathering the proper evidence for a medical negligence claim can be challenging. A solicitor can provide invaluable assistance. Speak to a specialist in clinical negligence; they can offer guidance and advice on the legal process, help gather evidence to support the claim and negotiate with the other side on behalf of the claimant. Additionally, a medical negligence solicitor can help the claimant to understand their legal rights and obligations and provide support and guidance throughout the process. Wake Smith offers a no-win, no fee funding option which they will fully explain to you.