GP Negligence
When you seek medical advice from your GP (general practitioner) you trust that they will provide the care and attention you deserve. You expect that they will listen, understand and offer sound professional advice which supports your health and well-being.
However, if you feel you have not received proper care when seeking medical help and have suffered harm as a result, it can leave you feeling helpless and you may wish to investigate a possible claim for GP negligence.
Whether it's due to a lack of attention or a misjudgement in treatment,
We are here to help. We can offer the support and guidance that you need to help you understand what has happened.
What is GP negligence?
A GP’s job is to assess, diagnose and treat patients with empathy to provide both medical and emotional support. When a GP fails to meet these standards it can start to raise questions about negligent care.
While we recognise the pressures GPs face and that it's not always possible to diagnose a problem straight away, there’s a significant difference between an honest oversight and negligence where a GP has failed in their duty to carry out proper assessments and in turn the correct procedure to follow up.
Most of the time this is not down to a one-off situation but rather a series of failed correct steps.
What are some examples of GP negligence?
Our GP negligence solicitors can help you to know if you have a case or not. Types of GP negligence could include:
- Failure to carry out an appropriate examination
- Failure to investigate symptoms
- Delay in diagnosis of a condition (cancer for example) or misdiagnosis
- Failure to refer you to a specialist
- Failure to act on test results
Prescription error
If any of the above apply to you then you may have grounds for a GP negligence claim.
Every NHS board has a complaints procedure and this can usually be found on the health board’s own website. If your treatment was provided privately, you will also need to make a complaint to the relevant hospital where your treatment took place. You should be able to find where to make the complaint via the website of the private hospital.
The importance of making the complaint
Due to GDPR regulations, to access this information from the NHS the request must come directly from you or a family member. We cannot be involved with the complaints process. The NHS is not obliged to deal with a complaint if the patient is contemplating legal action. We understand that making a complaint might feel daunting but the process isn’t as complicated as it may seem and is only a few clicks away. The complaint response is a useful tool in helping us to assess a potential claim.
The NHS has a duty to provide answers to you if you make a complaint within the appropriate timescales (see below), the NHS will investigate matters on your behalf before producing a written response. The timescale for receipt of a response may vary depending on the nature of the complaint. Once you have submitted your complaint and received a written response, you can make a clinical negligence enquiry and we can use the complaint documentation to fully assess your case and advise on the next steps. You can find out more about making a complaint on NHS Inform.
How to make your complaint
To make a complaint, you will need to contact the complaints department at your local NHS board using the NHS Complaints Handling Procedure. The NHS is obliged to acknowledge receipt of your complaint and to investigate it in a timely manner.
You should make your complaint either:
- Within 6-12 months of the date on which the matter which is the subject of the complaint occurred
- Within 6-12 months of the date on which the matter came to the notice of the complainant.
Complaints received after this period may be investigated if the health board’s Chief Executive accepts that it would have been unreasonable for the complainant to make it earlier and where it is still possible to investigate the facts.
Claims process for GP negligence
We understand that making a GP negligence claim can feel daunting. That’s why we’re here to help you through every step.
The first thing you need to do is make a complaint. You can write direct to your GP practice with details of your complaint asking them to look into what has happened. It may be that they are able to answer the questions or concerns you have without you having to go any further than this.
Sometimes GPs are contracted through the NHS however every GP practice is different and some may have their own complaints process. The GMC (General Medical Council) is the regulatory body for GPs who patients can complain to if they have had concerns about their treatment. The GMC may review any concerns raised and investigate these if they find this necessary.
Once you have received the response to your complaint, and you feel you still wish to pursue a legal claim, our team of expert solicitors can guide you through the next steps offering their expert advice.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Speak to our clinical negligence specialists
GP negligence claims can be complex but with years of experience, our clinical negligence team are here to make the process easier for you.
Our team is led by Ruth Kelliher, Partner in our clinical negligence team. She is recognised by the Law Socity of Scotland as an accredited specialist in clinical negligence, with her expertise also acknowledged by Chambers & Partners and The Legal 500 Guide. Why does this matter? It means we are widely regarded by other legal experts as being among the best in this area of law.
Working alongside Ruth is Trish McFadden, Partner another experienced accredited specialist within the clinical negligence department. She brings extensive experience and has been similarly recognised by Chambers & Partners for her work. Digby Brown is a member of Action Against Medical Accidents (AvMA), with most of our team accredited by the Law Society of Scotland as clinical negligence specialists.
Put simply, we know what we are talking about and you can trust our advice. You can rely on us to provide expert guidance and dependable advice that you can trust.
Support and guidance for you
If you think you have experienced GP negligence and want to discuss your options for claiming compensation, please first complete our clinical negligence form. Provide as much information and detail as you can and provide a copy of the outcome of your complaint as this will give a clear understanding of your circumstances. We will then be able to offer the best advice on what next steps to take.
FAQs
Can I make a claim on behalf of someone else?
Yes, you can make a claim but only in specific situations, such as if the patient is a family member who died due to negligence or if you are claiming on behalf of your child (under the age of 16).
Is there a time limit to make a claim against a GP?
In Scotland, you have three years from the date you become aware of alleged negligence to either settle the claim or raise a court action. It’s important to reach out as soon as possible to safeguard your legal right to pursue a claim for compensation.
Do I have to change my doctor's surgery?
No. You are entitled to make a complaint to your GP and ask them to investigate it under their complaints procedure. You should not have to change practice because you have submitted a complaint.
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