In this guide, we will discuss the eligibility requirements that need to be met in order to make a GP misdiagnosis claim.
Medical professionals owe their patients a duty of care. This means they must provide the correct standard of care when treating them. If the correct level of care is not provided, a patient could experience unnecessary harm. We will explore how this could happen in more detail throughout our guide.
Additionally, we will discuss the process of seeking compensation, what you could receive if you make a successful claim and how a medical negligence solicitor could help you throughout the claims process.
Furthermore, we will discuss the compensation you could receive if you make a successful claim and how this is calculated.
We hope this guide provides you with the information you need. However, if you have any questions after reading, please don’t hesitate to get in touch with a member of our team. They can provide free legal advice 24/7.
To get in touch, you can:
Choose A Section
- A Guide To Claiming Compensation For A GP Misdiagnosis
- Examples Of How A GP Misdiagnosis Could Occur
- What Medical Misdiagnosis Compensation Could You Receive From A Successful Claim?
- What Steps Could I Take When Making A GP Negligence Claim?
- Why Claim For Medical Negligence On A No Win No Fee Basis?
- Read More About How To Claim For GP Misdiagnosis
In order to make a GP misdiagnosis claim, you need to prove the following occurred:
- A medical professional owed you a duty of care.
- They failed to uphold this duty of care by providing care that fell below the correct standard.
- You experienced unnecessary or avoidable harm as a result.
These three criteria constitute medical negligence, for which you could be eligible to seek compensation.
If you would like to discuss whether you’re eligible to make a medical misdiagnosis claim, get in touch using the number at the top of the page.
There are several ways a misdiagnosis could occur. For example:
- Your doctor may have failed to listen to the concerns you had about your symptoms. As a result, you may have been given a breast cancer misdiagnosis leading to your condition worsening and spreading to other parts of the body.
- Your doctor may not have sent you for further tests even when it was necessary. This may have resulted in you being incorrectly diagnosed with a chest infection when you actually had lung cancer.
- You may have received the wrong test results, meaning you were incorrectly diagnosed with pancreatic cancer.
However, it’s important to note that all incidents of a misdiagnosis in a medical setting will mean medical negligence has occurred. As such, these incidents won’t always form the basis of a valid claim.
To learn more about when you could be able to claim following a GP misdiagnosis, please get in touch on the number above.
Each medical negligence compensation payout aims to address the ways in which a person has been affected by the avoidable harm they have experienced. Consideration is often given to the following factors:
- Severity of the harm sustained
- Future prognosis
- Treatment required
- Psychological impact
Generally, a settlement awarded following a successful claim could comprise of general and special damages. General damages seek to compensate for the pain and suffering you have experienced as a result of medical negligence.
In the table below, we have used guideline compensation amounts from the Judicial College Guidelines. These are often used by solicitors to help them when calculating the value of general damages.
|Up to £184,200
|(a) Double incontinence including total loss of natural bowel function and urinary function and control. There will also be other medical complications.
|In the region of £79,920
|(b) Natural function is completely lost and the person depends on a colostomy.
|£169,400 - £210,400
|(a) Loss of both kidneys or where both kidneys experience damage that is permanent and serious.
|Up to £140,660
|(b) Function and control of the bladder is completely lost.
|£63,980 - £79,930
|(c) Control is seriously impaired and there is some pain as well as incontinence.
|£20,800 - £26,290
|(a) Loss of spleen where there is an ongoing risk of internal infection and other disorders.
As each case is unique, the settlement you receive could differ from the figures listed above. Please only use them as a guide for this reason.
Can You Receive Special Damages Compensation In A Medical Negligence Claim?
Special damages is the other head of claim that could make up your overall settlement amount. It aims to reimburse you for expenses incurred due to medical negligence. This can include:
- Cost of care
- Loss of income
- Cost of medication
- Renovations to your home to aid recovery
You should provide evidence in order to prove these losses. This can come in the form of invoices, bank statements and receipts.
For more information on the medical negligence compensation you could receive after successfully claiming, please get in touch using the number at the top of the page.
When making a GP misdiagnosis claim, there are certain steps you can take as part of the claims process, including:
- Gathering evidence: This can include doctor reports, hospital reports, prescriptions and letters detailing your diagnosis.
- Seeking legal advice: An advisor from our team can offer free legal advice and assess whether you’re eligible to seek medical negligence compensation. If your claim is valid and has a chance of success, a from our panel solicitor could help you gather evidence to support your claim.
In addition, you should ensure you start your claim within the relevant time period. This is generally three years from the date of the incident or the date you connected the unnecessary harm you experienced to a breach of a medical professional’s duty of care.
To learn more about the steps you can take when making a medical negligence claim following a GP misdiagnosis, get in touch using the number above.
You could benefit from working with a solicitor from our panel as they can offer services such as:
- Helping you gather evidence to support your case
- Arranging for you to attend an independent medical assessment
- Valuing your claim
- Negotiating compensation offers on your behalf
- Ensuring you put forward a full and complete case
The solicitors from our panel also have experience handling medical negligence claims and can offer you a No Win No Fee contract called a Conditional Fee Agreement. This is a way to access the services they provide without needing to pay upfront or while the claim is ongoing.
Generally, a CFA also means there are no fees for the work your solicitor has completed on your claim if it is not successful.
If your GP misdiagnosis claim does succeed, you will pay a success fee to your solicitor. This is paid from your compensation as a percentage which is capped by law.
Contact Us To Learn More About Making A GP Misdiagnosis Claim
For more information on making a GP misdiagnosis claim, please get in touch using the details provided below. An advisor can answer any questions you might have regarding eligibility, compensation and supporting your case. To reach them, you can:
Below, we have provided some of our other medical negligence guides:
Additionally, we have provided some external resources that might benefit you:
- General Medical Council – What to expect from your doctor
- GOV – NHS Constitution for England
- Royal College Of Nursing – Duty Of Care
Thank you for reading this guide on when you could be eligible to make a GP misdiagnosis claim as well as the process of doing so. However, if you have any other questions, please get in touch using the details provided above.
Writer Louis Pocket
Editor Meg McGloughlin