How Much Compensation For GP Misdiagnosis Claims?
Welcome to our GP misdiagnosis claims guide. When you visit your GP, you expect to be correctly diagnosed and treated. However, mistakes can unfortunately happen, and if you are harmed because a GP breached their duty of care, you could claim compensation.
In this guide, we first discuss who could be eligible to make a medical negligence claim for a GP misdiagnosis. We also look at some examples of how a GP misdiagnosis could potentially happen.
We then talk about making medical negligence claims against a private GP and what evidence is best to collect to support your potential case.
Furthermore, we explain how compensation for a successful GP misdiagnosis claim would be calculated and what the time limit is to begin claiming.
Towards the end of this guide, we discuss how long the claims process could take and how you could potentially benefit from a No Win No Fee agreement.
So, continue reading or contact us to learn more about GP misdiagnosis claims. Our advisors can listen to your circumstances and connect you with a medical negligence lawyer from our panel if you have a valid claim. Our contact services are open 24/7:
- Call 020 3870 4868.
- Use our ‘claim online’ form.
- Send a message in our live chat box.
Jump To A Section
- Can I Claim For GP Misdiagnosis?
- What Could Lead To A GP Misdiagnosis?
- Can I Claim Against A Private GP?
- How Are GP Misdiagnosis Claims Made?
- How Much Compensation For GP Misdiagnosis Claims?
- What Is The Time Limit For GP Misdiagnosis Claims?
- How Long Does A GP Negligence Claim Take?
- Can I Claim For Medical Misdiagnosis Using A No Win No Fee Solicitor?
- Read More About Medical Negligence Claims
Can I Claim For GP Misdiagnosis?
To be eligible to claim compensation for a GP misdiagnosis, you must be able to prove that medical negligence has occurred. Medical negligence is when a patient suffers avoidable harm (harm that should’ve been prevented) because a medical professional breached their duty of care.
All medical professionals owe a duty of care to every patient that they treat. This means that they must always deliver the correct minimum standard of care. So, a medical professional could breach their duty if they deliver a standard of care that falls below the minimum expectation.
As such, here are the eligibility criteria to be satisfied in all GP misdiagnosis claims.
- A medical professional, such as a GP, owed you a duty of care.
- The medical professional breached their duty of care by delivering substandard care.
- From this, you suffered avoidable harm.
If you meet each of the three criteria above, then please contact us. Our advisors can confirm the eligibility of your medical negligence claim for free.
What Could Lead To A GP Misdiagnosis?
Below are some examples of how a GP could potentially breach their duty of care and cause a patient to suffer avoidable harm from a misdiagnosis.
Failing To Arrange Tests
If you visit your GP with symptoms of a condition, sometimes having tests, such as blood tests or a mammogram assessment, are necessary in order to receive the correct diagnosis. So, if your GP failed to send you for further testing when you should’ve been, this could cause your condition to worsen as you wait for the correct diagnosis.
Giving Wrong Prescriptions
A GP could potentially give out the wrong prescription entirely or give you the wrong dosage of the correct medication if they fail to check your medical records.
Being given the wrong medication could have severe or even fatal consequences. For example, your GP could prescribe you medication that you have a known allergy to. Or, you could accidentally overdose if your GP prescribes too much dosage of a medication. You could also suffer adverse symptoms if your GP prescribes medication that interferes with another type of medication they have given you.
Providing Wrong Medical Treatment
If your condition has been misdiagnosed, then you could suffer avoidable harm from receiving treatment that you don’t need. For example, if your GP misdiagnoses cancer, you could receive harsh and invasive treatment (such as chemotherapy or radiotherapy) that is unnecessary.
Not all misdiagnoses will be negligent, and to have a valid claim, the GP must have fallen below the minimum standard of care.
Treatment Or Diagnostic Delays
One way your GP could potentially delay treatment or diagnosis is by losing or misreading your test results. This could lead to your condition becoming worse the longer you wait for the correct diagnosis.
Failing To Follow Up With Patients
It is important for GPs to follow up with patients as they need to be aware of any new or developing symptoms. So, if your GP fails to do this, they could be unaware of a symptom that indicates something more serious. This could cause your condition to worsen as a result.
So, please contact us about GP misdiagnosis claims, as medical negligence could potentially occur in numerous ways. A case assessment is free and has no obligation.
Can I Claim Against A Private GP?
Yes. You can claim against a private GP if you can prove that your misdiagnosis was caused by their negligent actions/inactions. Medical negligence claims against a private GP are made in the same way as a claim against a GP who works for the NHS.
The only difference is that if you are claiming against a private healthcare provider, a letter of claim will be sent to their insurance provider. Private healthcare providers will have liability insurance. So, compensation for successful medical negligence claims would be paid by this insurer.
If you want to make a private GP misdiagnosis claim, please get in touch with us to learn more.
How Are GP Misdiagnosis Claims Made?
When making a GP negligence claim, you must provide evidence. Evidence is crucial in showing how duty of care was breached and how this caused avoidable harm.
As such, here are some useful pieces of evidence to collect to prove that GP negligence has occurred:
- Copies of your medical records and notes.
- Contact information from anyone who was there to witness the misdiagnosis, such as a family member who attended your GP appointment with you, or another medical professional. A statement can be taken later if necessary.
- Photographs of any effects of your avoidable harm that are visible.
- Copies of any letters that confirm the dates of your medical appointments.
- Copies of any wrong prescriptions you may have been given.
If you are connected with one of the solicitors from our panel, then they can collect this evidence for you. This is just a part of their services in order to help make the claims process as simple as possible for you.
So, contact us to see whether you can receive this help from us.
How Much Compensation For GP Misdiagnosis Claims?
If your GP misdiagnosis claim is successful, your compensation will definitely be made up of general damages and potentially include special damages as well.
General damages are a head of claim that offers compensation for the physical and psychological effects of your avoidable harm. Such factors will need to be considered under this head of claim:
- Loss of amenity.
- If a full recovery from your avoidable harm is possible, and if so, how long this would take?
- Whether your pain is severe or not.
When your general damages are being calculated, the Judicial College Guidelines (JCG) may be looked at. This is a publication that has guideline compensation brackets for a variety of physical and psychological types of harm.
Guideline Compensation Table
We have taken some types of harm that could possibly be suffered from a GP misdiagnosis and have included them in the table below. Except for the top entry, the types of harm and their accompanying guideline compensation brackets are from the JCG.
This table must only be used as a guide, though. The value of your potential medical misdiagnosis compensation cannot be guaranteed since all medical misdiagnosis claims are unique.
| Injury | Severity | Guideline compensation brackets |
|---|---|---|
| Multiple types of serious harm with special damages | Serious | Up to £1,000,000+ |
| Brain damage | Very severe (a) | £344,150 to £493,000 |
| Moderately severe (b) | £267,340 to £344,150 | |
| Moderate (c) (iii) | £52,550 to £110,720 | |
| Kidney | Serious, permanent damage or loss of both kidneys (a) | £206,730 to £256,780 |
| Loss of one kidney (c) | £37,550 to £54,760 | |
| Bowels | Double incontinence (a) | Up to £224,790 |
| Complete loss of natural function (b) | Up to £183,190 | |
| Bladder | Total loss of natural function (b) | Up to £171,680 |
What Are Special Damages?
Special damages are a head of claim that offers compensation for the financial effects of your avoidable harm. This can include:
- Loss of earnings for taking time off work while you recover .
- Prescription costs.
- Domestic and professional care costs.
Because special damages are not awarded in all successful GP misdiagnosis claims, it is essential to have evidence of your financial losses. Such evidence includes payslips, invoices, bank statements, and receipts.
To learn more about how medical misdiagnosis compensation is calculated, please contact us today.
What Is The Time Limit For GP Misdiagnosis Claims?
According to the Limitation Act 1980, the time limit to begin a medical misdiagnosis claim is 3 years, which starts from the date that the negligence occurred.
However, this time limit will be paused for claimants who:
- Are younger than 18.
- Lack their full mental capacity (for example, if they have brain damage).
While the time limit is paused, a litigation friend may be appointed to begin the claim for the claimant. But, if a litigation friend has not been appointed by the time the claimant either turns 18 or regains their full mental capacity, then the 3-year time limit will start from this point.
If you have any questions about the time limit for GP misdiagnosis claims, please contact us today.
How Long Does A GP Negligence Claim Take?
There is no set answer to how long a medical misdiagnosis claim could take. This is because there are many factors that could influence this, such as:
- Whether the GP accepts full liability straight away.
- The extent of your avoidable harm. It may take some time to discover the full effects of your harm if it is more severe.
- Whether the claim needs to go to court or not.
- How long it takes to gather all evidence.
- How quick the response time is from the defendant.
Can I Claim For Medical Misdiagnosis Using A No Win No Fee Solicitor?
If you have an eligible medical negligence claim for a GP misdiagnosis, then you could be connected with a No Win No Fee solicitor from our panel.
Here are some things that they can do for you as part of their work:
- Correspond with the defendant on your behalf.
- Collect evidence for your case (as previously mentioned).
- Keep you updated throughout the claims process.
- Explain any complex legal terminology.
- Ensure that the claim is calculated fairly and accurately.
- Ensure that the claim is submitted within the time limit.
Furthermore, if you are connected with a solicitor from our panel, they could offer to work your case under a Conditional Fee Agreement (CFA), which is a specific type of No Win No Fee agreement.
Here is how you will benefit if you work with your solicitor under a CFA:
- You will pay nothing upfront for your solicitor’s work.
- You will pay nothing throughout the claims process for your solicitor’s work.
- You will pay nothing for your solicitor’s work at all if the claim is not successful.
Instead, if the claim is successful, a success fee can be taken from your compensation by your solicitor. A success fee is a legally capped percentage. The legal cap ensures that the majority of your compensation goes to you no matter what.
So, to see whether you can receive this kind of help from one of the solicitors from our panel, please contact us today:
- Call 020 3870 4868.
- Use our ‘claim online’ form.
- Send a message in our live chat box.
Read More About Medical Negligence Claims
Here are a few of our other guides about medical negligence claims:
- Look at more examples of what could be classed as medical negligence.
- Find out how to claim compensation if leukaemia was misdiagnosed.
- Find out how to claim compensation for the misdiagnosis of a stroke.
Additionally, here are some other pages that might help you:
- Royal College of Nursing (RCN) – an overview of a nurse’s duty of care.
- General Medical Council (GMC) – an overview of the professional standards for doctors.
- Gov.UK – how to claim Statutory Sick Pay (SSP) if you’ve had time off work due to your avoidable harm.
Thank you for reading our GP misdiagnosis claims guide. Please don’t hesitate to contact us if you have any questions at all.
