What kind of GP negligence compensation could you get?
Published - 21/09/2023
Luckily we can rely on the NHS Trust for medical treatment; however, mistakes are sometimes made. Medical errors can occur in private or public healthcare including among General Practitioners. GP negligence comes under the umbrella of medical negligence. When a GP fails to meet the required standard of care which results in injury or other losses, claiming GP negligence against the doctor responsible may be possible.
Examples of negligent treatment from a medical practitioner include failure to diagnose a condition, unfair treatment, inadequate examination or failure to arrange preliminary testing. A second opinion from another medical professional may confirm negligence. You must also be able to prove that negligent treatment solely caused or contributed to an injury or loss.
Receiving negligence compensation for your personal injury or loss is not the only reason to make a claim; you can help prevent negligent treatment from recurring. This article will cover what you can claim for GP negligence and how much you could expect to receive.
Click on a link to jump to that section:
Here, we discuss general damages and special damages and whether you could be entitled to negligence compensation.
What could you expect to receive for your injuries or losses. General negligence compensation guide.
Understand whether your negligence claim is worth following through with.
Be aware that significant GP negligence cases, if defended, can take some time to reach a resolution.
What can you claim for GP negligence?
Two things are considered with a clinical negligence compensation claim: General damages and Special damages, detailed below.
General damages
General damages include any physical impacts of medical negligence, such as personal injuries, worsening of your condition, disablement, pain, emotional, psychological suffering or death. General damages usually come to mind when we think about a medical negligence case, as these are tangible and can be directly linked to the negligent treatment in dispute. Examples of GP negligence include the following:
- Negligent misdiagnosis leading to delayed or wrong treatment and a worsening of the condition causing pain, suffering, injury, death or disablement.
- Medication errors that have caused allergic reactions, unnecessary side effects or a delay in treating the actual medical condition, leading to physical harm.
- A delay in diagnosis due to a GP failing to arrange preliminary tests, conduct a proper examination or refer you to the right specialist. This delay results in a worsening/persisting of the condition causing pain, suffering, injury, death or disablement.
Special damages
Special damages are usually the damages that you incur as a result of the negligence including, rehabilitation costs and financial loss. Examples include:
- Loss of earnings due to being unable to work for extended periods.
- Unpaid time off work for clinical visits that wouldn’t be necessary if the GP had done their job correctly.
- Parking and fuel costs from frequent, unnecessary visits to clinics and hospitals due to GP medical negligence.
- Injury rehabilitation or long-term physiotherapy costs resulting from GP negligence.
- The cost of therapy for mental health concerns such as depression, anxiety PTSD or paranoia that have been brought on as a result of your experience receiving negligent treatment from a GP.
What is the average payout for a GP negligence claim?
The range is extensive. Many claims will be compensated in hundreds or thousands of pounds. Sometimes claims cost healthcare systems tens to hundreds of thousands of pounds. The most significant claims, occasionally over a £1m, can sway the average. However. The majority of claims will be more modest in value and possibly in the region of £25-50,000.
Loss of earnings can be compensated accordingly, while other special losses will be case-dependent. Speak to a specialist medical negligence lawyer to determine how much you may be able to claim in compensation.
Win the compensation you’re owed from a GP
Discuss your case at a FREE consultation
How successful are medical negligence claims?
For the NHS in 2021/2022, 15,000 claims were made, and 13,000 were settled. This is an 87% success rate for medical negligence claims. The chances of success will depend on the evidence collected against your GP. If you can prove negligence and causation, your GP negligence claim will likely succeed. Make sure to seek legal advice for a medical negligence claim if you want the best chances of success. Also look for no-win, no-fee policies for additional peace of mind.
How long does it take to get a payout?
The time taken to settle a GP negligence claim can also vary and will depend on the evidence needed, the severity of the negligent treatment, the number of medical professionals involved in the dispute and whether the claim is defended. More minor claims can take as little as three to six months to resolve, while others can take 2-3 years. Any admission of negligence will significantly streamline the claims process.
Luckily, once your claim has been approved, you will receive compensation within 30 days of receiving the settlement agreement.
How can a GP negligence solicitor help?
You may be unaware of what evidence is required or how much your claim is worth. A medical negligence solicitor can help with this process by gathering all the necessary evidence and negotiating with defendant medical lawyers on your behalf.
You will need to provide as much detail as possible for your claim and prove liability and causation. A solicitor can manage this for you, easing the pressure of the claim and increasing the chances of success.
Wake Smith offers a no-win, no-fee policy, which will be fully explained to you. We will do everything possible to build a successful claim.
Contact our specialist clinical negligence team today
Frequently Asked Questions
Is medical negligence compensation taxable?
Most compensation payments are not taxable; this includes medical negligence compensation.
What counts as medical negligence?
You may have a case for medical negligence if your doctor or other healthcare professional has failed to provide the standard of care that would be expected of them. You must also be able to prove that medical negligence caused you harm. Learn more about GP negligence in our full patient guide
What injuries can you claim compensation for in medical negligence?
You can claim any bodily or psychiatric harm if you prove that negligence caused or worsened your injury.
What is the difference between clinical negligence claim and a complaint?
A clinical negligence claim is a legal process to obtain compensation for injuries or losses caused by a healthcare professional. A complaint may not lead to legal action, nor will you receive compensation or resolution, but it helps to prevent medical errors from occurring again.