GP negligence claims

GP negligence claims are legal cases brought when a general practitioner’s care has fallen below the standard expected of a reasonably competent doctor, and that failure has directly caused you avoidable harm. Your GP is often the first person you turn to when something feels wrong, and they play a critical role in identifying serious conditions, arranging the right tests, and referring you to specialists when needed. When that process breaks down, the impact can be significant, both on your health and on your wider life.

Negligence can take many different forms. A GP might fail to recognise the warning signs of a serious illness, delay arranging an urgent referral, prescribe the wrong medication or dosage, or fail to follow up on test results that required action. In some cases, these failures allow conditions to progress to a point where treatment options become limited, or in the most serious circumstances, where they are no longer available at all.

Unlike claims against NHS hospitals, GP negligence claims are usually brought against the GP personally, as GPs are independent contractors rather than NHS employees. Your claim will typically be handled through their medical defence insurer or through NHS Resolution, depending on when the incident occurred. Our specialist team understands the specific legal landscape around GP claims and will guide you through every step of the process.

In most cases, you have three years from the date the negligence occurred to start a GP negligence claim. If you weren’t immediately aware that your GP’s care was responsible for your harm, the three-year period may run from the date you first made that connection, known as your date of knowledge. There are also important exceptions. If the person affected was under 18 at the time, the three years typically begin on their 18th birthday, giving them until their 21st birthday to bring a claim. If a lack of mental capacity has prevented someone from claiming, the time limit may be paused until capacity is regained. Whatever your circumstances, we’d always encourage you to get in touch as soon as possible. The earlier we can begin gathering evidence and reviewing your medical records, the stronger your case is likely to be.

The time it takes to resolve a GP negligence claim depends on the complexity of your case and whether the GP or their insurer accepts liability. Straightforward cases where fault is admitted can sometimes be settled more quickly than complex clams, particularly those involving serious injury and disputed liability. We know that may be a significant period of time to have something like this hanging over you, and we’ll make sure you’re never left wondering where things stand. Our team will keep you updated throughout and will work to move things forward as efficiently as possible.

The first step is simply to get in touch with our team. We’ll listen to what happened, answer your questions honestly, and let you know whether we think you have a GP negligence claim worth pursuing. There’s no cost and no obligation to that first conversation. If we take on your case, we’ll begin by requesting your medical records and working with clinical experts to assess whether the care you received fell below the expected standard. From there, we’ll build the evidence needed to support your claim, keep you updated at every stage, and handle all communication with the other side on your behalf. GP negligence claims at Fletchers are handled on a No win, No fee basis, so there’s no financial risk to you in getting started. Reach out today and our team will be there to help you.

The majority of GP negligence claims are resolved through negotiation and settle before they ever reach a courtroom. However, if the GP or their insurer disputes liability or refuses to offer a fair settlement, court proceedings may become necessary. If that happens, our team will prepare your case thoroughly and support you every step of the way. We’ll always be clear with you about the likelihood of court proceedings and what to expect if it comes to that. It’s also worth knowing that issuing court proceedings doesn’t necessarily mean your case will go to a full trial. Many cases settle after proceedings have been issued but before a hearing takes place. Whatever the outcome, you won’t be facing it alone.

Yes, you can still make a GP negligence compensation claim after submitting a complaint. The complaints process is separate from any legal action and doesn’t affect your right to pursue financial compensation for the harm you’ve suffered.

No, making a GP negligence claim won’t impact your right to NHS care. You’ll still be entitled to the same standard of treatment, and a complaint or legal claim should never affect how you’re treated.

If you feel uncomfortable continuing care with the same GP or practice, you can request a transfer. However, there’s no requirement to do so, and a GP surgery cannot refuse to register or treat you simply because you’ve raised concerns or made a claim.

You can report a doctor to the General Medical Council if you have concerns about the standard of treatment they are providing. The GMC may then investigate these.

If your GP denies wrongdoing, but you believe their care fell below the expected standard, you can take your concerns further. After following the practice’s complaints process, you may escalate the issue to the Parliamentary and Health Service Ombudsman (PHSO).

If you’re considering a compensation claim, you’ll need to show that your GP breached their duty of care and that this directly caused you harm. This can be complex, but our specialist GP negligence solicitors can help gather the evidence needed and assess your case.