GP & Medical Negligence Claims

GP medical negligence claims can arise out of the failure to communicate.

For instance between a hospital and GP in not acting on the results of tests (such as an abnormal cervical smear result) or not carrying out treatment suggested by specialists. They often involve failure to investigate or failure to refer to a specialist.

GP Negligence Claims – Proving Breach Of Duty

GP negligence claims are difficult and depend both on finding another GP who is prepared to stand up in Court and say that your GP was in breach of duty and the judge accepting that evidence.

In order to prove breach of duty, we need to establish that your GP followed a clinical practice that is not supported by any responsible body of GPs, or, if it is so supported, that clinical practice does not stand up to analysis and was unreasonable in the light of medical knowledge at the time.

In practice, it will be difficult to prove this if your GP can find another GP to give evidence in support of the treatment that was given to you, or can refer to a leading textbook, and this explains why GP negligence claims are often successfully defended.

The vital point to appreciate is that it is not sufficient merely for us to be able to show that many other doctors would have behaved in a different manner and even minority medical opinion can be used to successfully defend a claim.

Even if we can satisfy this burden of proof, we also need to prove that either some of your injuries or some unnecessary pain and suffering you have suffered, were caused by the act or omissions of your GP. We make this point because it is possible that although you did not receive the correct treatment, this would not have made any difference to either your injuries or the pain and suffering you have suffered. Again we will need a medical expert to prove causation.

GP Negligence Claims  – How We Can Help

For over thirty years Solicitor, David Dickie, has specialized in this area and achieved substantial settlements for clients as a result of successful litigation, often on a No-Win, No Fee basis. We take a personal approach to our client care and offer clear advice, supporting you every step of the way.

For more information on pursuing a claim, please contact David on freephone 0800 011 6666 or via email at d.dickie@timms-law.com.

Detailed below are a couple of case studies;

GP Negligence Claims – Case Study 1

The claimant suffered from osteomylitis as a result of her GP not referring her earlier to an E.N.T. specialist for acute sinusitis. She underwent surgery and was left with an unsightly dent in her forehead which required plastic surgery. The experience was an intimation of her mortality and she gave up her job and did voluntary work. Reports were obtained on breach of duty from a GP and on causation from an E.N.T. surgeon, and on condition and prognosis from a maxillo-facial surgeon and a psychiatrist.

Following issue of proceedings and the setting of the case down for trial, breach of duty was admitted, but causation was denied on the basis that the claimant’s treatment would have been the same no matter when the surgical procedures had been carried out. Shortly before trial an increased payment into Court of £19,500 was accepted.

GP Negligence Claims – Case Study 2

The Claimant had stroke like symptoms and saw a number of GPs at their practice, all of whom failed to diagnose it or to refer her to a specialist.

Eventually she suffered a right cerebral hemisphere infarction. Expert evidence for the Claimant suggested this could have been avoided by an earlier carotid endarterectomy. Her stroke left her with impaired use of her left arm and leg.

A supportive report on breach of duty was obtained from an expert GP , and on causation from a vascular surgeon and a neurologist. Proceedings were issued against multiple GPs but her GP records didn’t confirm that she complained of her symptoms of numbness and weakness to all of them at various consecutive consultations ,which they denied, and as there was therefore a significant risk that her case would fail against several Defendants, and she would be ordered to pay their costs, which would have to come out of her damages , a compromise settlement of £150k was reached before trial. Also, the Claimant’s expert evidence suggested she would have had a stroke in the future anyway.