When you visit your GP, whether for a routine check-up or because you have a specific concern about your health, they owe you a duty of care. If your GP fails to diagnose or act on the symptoms of an illness or injury, they could be in breach of that duty of care and there can be serious consequences for your health and wellbeing.
An illness or injury caused by GP negligence can have a huge impact on your life and your loved ones. You may need to pay for private medical treatment, counselling and other types of specialist support, as well as potentially losing income due to the need to take time off work. Claiming compensation is often the only way to access the help you need to deal with these costs, as well as being a chance to get answers about what went wrong.
Dealing with GP negligence can be very upsetting, confusing and frustrating, so the thought of claiming compensation may seem intimidating. However, with the right legal support, claiming compensation for GP negligence can be kept much more straightforward and less stressful than you might imagine.
Why Choose Devonalds for your GP negligence claim?
Our team have a strong track record of successfully supporting individuals and families in Rhondda Cynon Taff and Bridgend, building a strong connection with the local community along the way.
We are passionate about providing you with support that is closely tailored to your individual needs and are always more than happy to answer questions that may arise while we pursue compensation for you.
Where possible, our team will strive to resolve your GP negligence claim out-of-court, using effective methods of negotiation and Alternative Dispute Resolution to save you the time, cost and stress of court proceedings. If your case cannot be resolved in this manner, we will use our strong litigation skills to prove you with the best possible representation in court.
Speak to us today about starting a claim for GP negligence
For a friendly, informal discussion about whether you or a loved one are entitled to make a GP negligence compensation claim, please get in touch with your local Devonalds team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.
How claiming compensation for GP negligence works
Starting a claim for GP negligence
Before you consider pursuing compensation for GP negligence, we will make sure to advise you on the likely outcome of your case, as well as the amount of compensation you could be entitled to if you decide to work alongside us.
We offer a free initial meeting to go through this information, as well as the general process for claiming compensation. Our goal at this meeting is to make sure you feel completely at ease and give you confidence that you are making the right decision for you and your loved ones.
No win, no fee GP negligence claims
You can fund your claim with us using a conditional fee agreement, which is more commonly referred to as a ‘no win, no fee’ deal. This will allow you to avoid any financial risk if you intend to pursue a claim for GP negligence.
Our legal fees will only apply if we are successful in claiming compensation for you and there will be no upfront fees. If your claim is unsuccessful, you will not owe us anything.
If your GP negligence claim is successful, there is also a chance that your legal fees will be covered by the other side, further protecting you from any potential fees.
Proving your GP was negligent
To pursue a claim, we will have to prove that your GP was negligent and the level of care they provided fell below the expected standards of a medical professional in their position.
We will rely on various types of evidence, including:
- Medical records such as risk assessments
- Testimony from independent medical experts
- Witness testimony
Our team will use their expertise to effectively gather all of the evidence that will support your claim, presenting it in a way that helps to give you the best possible chance of reaching a positive outcome.
Valuing your GP negligence claim
‘Assessing quantum’ or ‘assessing quantum of damages’ refers to how much compensation you are entitled to. This will involve investigating all of the ways that your life has been affected by your GP’s negligent practices, both financial and non-financial.
Compensation for GP negligence cover a wide of issues, including:
- The cost of medical treatment, specialist care & equipment
- Lost income if you need to take time off or give up work
- Pain and suffering
- Travel costs and other expenses
- Loss of amenity i.e. not being able to carry out activities you/your loved one would otherwise have enjoyed
- Providing for your/your loved one’s future financial independence
Time limits for GP negligence claims
Under normal circumstances, you will have three years from the date when any negligent errors occurred to make a claim. However, there are certain exceptions where you may have longer.
If the claimant is under 18, their parents or guardian will have until they turn 18 to bring a claim forward. Once the claimant is 18, they will then have until their 21st birthday to claim compensation themselves if required.
If you are claiming for a loved one who died due to GP negligence, then you will typically have three years from the date of their death to bring forward a claim.
There will be no time limit if you are making a claim on behalf of someone who lacks the mental capacity to do so e.g. due to a brain injury.
If you still need to clarify how long you have to make a claim, feel free to get in touch with a member of our team.
Reaching an out-of-court settlement
Our team have strong skills in negotiation and Alternative Dispute Resolution, which means we will always strive to reach a settlement out-of-court wherever possible. This means that you can access the compensation you need much faster, while avoiding the costs and stress associated with going to court.
Taking your claim to court
If it is not possible to claim compensation outside of court, our team will be on hand to provide you with all of the legal and personal support you need to reach a successful outcome.
We can help you to prepare an effective case and provide you with robust representation during your hearing. You will be kept in the loop at every stage of proceedings, so that you know what to expect and what the likely outcome of your case will be.
Managing GP negligence compensation
If your claim is successful, it is important to think about how you can effectively manage your compensation so that it can meet your long-term needs.
For example, receiving compensation could affect your ability to access means-tested benefits, so we can advise you on placing compensation into a personal injury trust to help you ‘ring-fence’ the funds.
Common questions about GP negligence claims
How do I know if my GP was negligent?
It can be difficult to recognise if your GP was negligent in their duty of care towards you. However, typical instances of GP negligence could include:
- A failure to refer you to a specialist
- A failure to refer you for tests
- Not conducting a thorough examination
- Not taking your medical history into consideration
- Not accurately diagnosing a medical condition
Any of these could have a negative impact on your health and potentially lead to severe complications, so it is important to be aware of where your GP fell short in their duties.
How long does it take to get compensation?
It’s important to note that, while we will always strive to get you the compensation you deserve as quickly and efficiently as possible, reaching a settlement can be a very complex process. In some cases, a successful claim could take several years.
Claims can usually be resolved much quicker where an out-of-court settlement can be agreed, which is why we always look to use negotiation and Alternative Dispute Resolution wherever possible.
In some cases where your claim is still ongoing, we may be able to secure interim payments to help pay for your immediate needs.
Can I claim for someone who has died from GP negligence?
Yes. If a loved one has died as a result of GP negligence, then you may be able to claim compensation if you were a dependent of theirs. In eligible cases, you will have three years from the date of their death to bring forward a claim for compensation.
Will I get an apology for GP negligence?
We know how important it is for the victims of any form of medical negligence to receive an apology from the healthcare provider responsible for their illness or injury. Unfortunately, we cannot guarantee that you will receive an apology, but we will always do our upmost to secure one.
Start a GP negligence compensation claim
For a friendly, informal discussion about whether you or a loved one is entitled to pursue a GP negligence compensation claim, please contact your local Devonalds team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.