It’s never easy to start the process of making a compensation claim against your GP. It is especially stressful if you are already going through the adverse effects of a GP’s negligence. However, GP’s have a legal requirement of care, and if they fail in that duty, then you may find that you are entitled to financial compensation. There are many reasons why you may be considering this option, but the most common reasons for making a case for a GP negligence claim are when:
- They fail to investigate your medical symptoms
- They do not refer you to a specialist who is more experienced with your health issues
- Not attending planned home visits
- Not taking notice of received test results
- A lack of coherent record keeping
- Prescribing the wrong medication to a patient
One of the most significant problems that people have, when they face filing a claim against their GP, is that they have normally been a patient of the same surgery for a long time. This loyalty should never be a reason that you do not look into your potential claim.
If your GP has been negligent, the effects on your life can be catastrophic, and you should start looking for legal advice as soon as possible.
What are you claiming for?
If you have decided to move forward with your claim for medical compensation, then you need to know what you are claiming for. Any compensation that you eventually receive will be intended to cover the expense of any losses that you have incurred. These can be practical losses that include:
- Medical expenses
- Travel costs
- Loss of earnings
However, compensation for medical negligence also takes other damages into account, which often includes some form of compensation for any pain that you are suffering from as a result of GP’s negligence, or a reduction in the quality of your life or reputation.
Remember: There is a time limit for medical negligence claims when it comes to making a case against your GP. The usual time limit will be three years from the date that you became aware of the negligence. There are additional factors that may be taken into account, but it is wise to talk to your legal advisor if you are unsure of your rights.
Negligence Claims: The Variations
There are four main categories of medical negligence that are relevant to GPs. Each of these forms of compensation claim will require their set considerations. They are:
- Contributory Negligence: This is when a patient is considered mostly responsible for the lack of care that they received. A prime example would the patient that was prescribed the correct medication but failed to take it. These claim types commonly result in no compensation claim moving forward.
- Vicarious Liability: If you do not wish to make your claim against your GP, it is possible to make a case against their employer or organisation. GP claims can be made against the NHS, and as such may be considered as vicarious.
- Comparative Negligence: These can be very complex cases, where both the patient and the GP are liable in some way for the adverse care. A court will have to balance blame, and any compensation paid out will reflect that.
- Gross Negligence: By far the most serious complaint that you can make against a medical professional, gross negligence is ruled when a GP has utterly failed in their duty of care. Not only will a successful gross negligence claim result in compensation, but it will also commonly result in the GP losing their medical license as well.
If you believe that you have been treated poorly by your GP, then you have the right to make a claim. Contact a solicitor with experience of making medical claims. You can get no win no fee medical negligence solicitors with expertise in medical compensation, and they will be able to advise you on the details that you need to move your case forward and finally find some kind of resolution.