GP Negligence Claims Solicitors

When we experience worrying symptoms, for most of us our first port of call is our GP surgery. GPs are highly trained medical professionals, working both in NHS trusts and in private surgeries, and as generalists are expected to fulfil a number of crucial duties.

Every day thousands of people visit their doctors expecting to find out if anything is wrong and, if necessary, offer treatment to cure or manage the problem. Or, when this is not possible, be referred to the appropriate specialist in the appropriate time-scale.

The vast majority of the time, our GPs carry out these vital tasks competently, helping to resolve our concerns. However, if the care they provide is substandard, they make mistakes or they fail to act on signs and symptoms, and this has negative consequences for their patients, they may be liable for negligence.

GPs owe a reasonable duty of care to their patients, whether they diagnose and treat their condition personally, or refer them to a specialist for further examination, investigation, diagnosis and treatment. There are several circumstances where this duty of care to the patient may be breached:

Misdiagnosing conditions

Many GP negligence claims involve cases where a patient’s condition has been wrongly diagnosed, and this has led to a significant delay in the patient receiving the treatment they need.

The law does not expect GPs to always be able to diagnose conditions. The human body is complex, and sometimes more than one disease or condition will present with the same or similar symptoms. However, they are expected to take reasonable action based on the symptoms described and any physical signs present.

For example, if your doctor notes down your persistent cough, but does not consider your sore throat and shortness of breath, this could mean that you overlook potentially serious diagnoses, do not perform certain tests and/or do not refer for further examination.

Failing to adequately examine a patient, investigate symptoms or perform relevant tests can all lead to misdiagnosis claims. The delay caused by a misdiagnosis can lead to symptoms getting worse, causing additional suffering and, sometimes, extensive or invasive treatment.

For some, an inaccurate diagnosis can significantly affect their prognosis and impact upon their future life choices, particularly if this involves misdiagnosis of cancer, heart problems, brain haemorrhage and diseases such as meningitis.

Failing to act on test results

Similarly, should a GP perform the relevant diagnostic tests, but then fail to appropriately address the results of these, this could also be considered negligent.

This may be failing to notice any problems displayed in test results, not informing you of results that require further action, or not passing along results to the relevant specialists for further examination.

Mistakes made during testing or treatment

If a GP accidentally makes an error while performing tests or treatments, this can lead to a medical negligence claim, depending on the severity of the injury and the long-term repercussions.

Delaying referral to a specialist

Whether this is due to a misdiagnosis, misreading test results or any other reason, if your GP delays referring you to a specialist, this can be considered negligent.

For example, in England you should be referred to a specialist within two weeks if a GP suspects that you may have cancer. If this is unreasonably delayed, the additional waiting time could cause your illness to progress, changing your treatment options and prognosis compared to if you had been seen at the appropriate time.

Prescription errors

Of course, in the vast majority of cases, these errors are resolved quickly, without any harm being caused. However, prescription errors can occasionally have significant repercussions, such as:

• Causing allergic reactions
• Conflicting with other medication a patient is taking
• Not being appropriate for the patient’s physical condition
• Being too high a dosage, leading to side-effects
• Delay into resolving the health problem

Poor record-keeping

If a GP, doctor or any medical professional does not keep accurate, up-to-date records, this could lead to symptoms, signs, test results and more being overlooked. If this happens, you may not receive the treatment or further examination you would have if your records had been kept in order.

Furthermore, if your GP fails to keep your medical records up-to-date, this could lead to issues later on if you switch GP surgeries. Without accurate information on your current health and medical history, a new GP may prescribe something or treat you in a way that is inappropriate in your circumstances.

Not offering safety-netting

Your GP should always give you a considered diagnosis based on your symptoms and physical signs, and inform you of how they anticipate their proposed treatment will resolve your problem. They may think that you have a condition which will resolve and so suggest to you that, if your symptoms persist and your health does not improve, to come back to see them at a later date.

This is called ‘safety-netting’, ensuring patients are aware that they should come back if things do not get better. If a GP simply reassures you that everything will be fine, and your condition does not improve, they may be considered negligent for not informing you of what to do next if their initial diagnosis was incorrect.

With over 25 years experience supporting compensation claims in Essex and East Anglia, we understand how devastating the consequences of GP negligence can be.

It could be that the delay in diagnosing and treating your condition results in several further months of pain and discomfort. A condition that could have been easily resolved with medication now requires surgery, placing you at greater risk and requiring you to take time off work.

At the other end of the scale, negligent treatment by your GP could have significant, long-term repercussions:

• Your health may be permanently affected, such as a loss of mobility or ongoing fatigue
• You may require more substantial, long-lasting treatments, such as chemotherapy and radiotherapy due to a cancer misdiagnosis
• You may now have an unfavourable prognosis, such as a reduced life expectancy or being confined to a wheelchair

However GP negligence affects you, our medical negligence team will take the time to understand how you and your family have been affected by what happened.

This ensures that you receive the compensation you need to put you back in the position you should be in had you received appropriate treatment. Or, where this is not possible, to help you make your future as secure, comfortable and fulfilling as it can be.

The compensation you receive following a GP negligence claim can cover a variety of costs, including (but not limited to):

• Loss of earnings
• Procedures and surgeries
• Ongoing treatments and therapies
• Adaptations to the home or vehicle
• Aids and equipment
• Necessary travel expenses
• Psychological therapies

After being let down by a healthcare professional you trusted implicitly, we know it can be hard to place your faith in another professional.

At Gadsby Wicks, we ensure that your trust is never misplaced. We have the expertise and experience to support you through every step of the claims process, so you achieve a successful outcome.

• We assign one dedicated solicitor to your medical negligence case, who will be with you from start to finish
• We can support your claim on a ‘No Win, No Fee’ basis – you owe us nothing if your claim is unsuccessful
• We are authorised and regulated by the Solicitors Regulation Authority
• We were the first law firm in England to have two or more solicitors recognised as accredited clinical negligence specialists by the Association of Personal Injury Lawyers
• Four of our specialist solicitors are further accredited by The Law Society’s Clinical Negligence Accreditation Scheme
• 96% of our cases settle without going to court

Like any form of medical negligence claim, there is a three-year time limit for starting court proceedings. However, there are exceptions to this rule – including claimants under the age of 18 have until their 21st birthday to make a claim, while claimants who lack the mental capacity to make their own decisions have no time limit to launch a claim.

It is also important to note that the three-year limit starts on the claimant’s date of knowledge. This is when they could reasonably be expected to know that there was something wrong with them. It may take several months or years for a GP’s negligence to affect someone’s well being, so this ensures you still have the right to make a claim.

If your injury did occur over three years ago, we would still urge you to contact us for a free consultation. The Court does have an ultimate discretion to allow a claim to be brought, even if it is out of time.