A Guide To Claiming For GP Misdiagnosis Compensation

This guide explores when someone could make a GP misdiagnosis compensation claim and what compensation they could possibly claim.

Have you been harmed in a way that could have been prevented due to your GP or other medical professional breaching their duty of care? The first section of this guide looks at the medical negligence claims eligibility criteria and explains what a medical professional’s duty of care is whether they work in a public sector facility or are a private healthcare provider. We also look at how a GP could breach their duty of care and what constitutes medical negligence. 

Then, we tell you what evidence is best to prove your GP negligence claim and how long you have to begin the medical misdiagnosis compensation claims process. 

Moreover, as you move through this guide, you will find out how clinical negligence compensation is calculated and for what effects someone could be compensated if they have a successful medical misdiagnosis claim. 

Contact our advisors today if you wish to begin a compensation claim because you were misdiagnosed by your GP, either causing your current condition to worsen or causing you to suffer a whole new injury or illness altogether. If you have an eligible GP misdiagnosis compensation claim, then our advisors can connect you to our specialist medical negligence solicitors. 

Our solicitors typically carry out their work on a No Win No Fee basis. You can learn about what a No Win No Fee agreement entails and how it can benefit you at the end of this guide. For now, continue reading. Or, you can contact us through the below methods:

    • Call 0800 073 8801
    • Send a message in our live support chat box about your medical misdiagnosis compensation claim. 
    • Send off your information in our Start A Claim form. 

Nurse Showing Patient Test Results On Digital Tablet.

Jump To A Section

  1. When Could You Claim For GP Misdiagnosis Compensation?
  2. How Do You Prove Misdiagnosis?
  3. How Long Do GP Misdiagnosis Compensation Claims Take?
  4. What Could You Claim For Misdiagnosis By GP?
  5. Begin Your No Win No Fee GP Misdiagnosis Compensation Claim
  6. Learn More About Medical Misdiagnosis Claims

When Could You Claim For GP Misdiagnosis Compensation? 

You could be able to claim GP misdiagnosis compensation if you can prove that medical negligence occurred. Medical negligence is when a medical professional breaches their duty of care, and from this, a patient suffers harm that could have been prevented (avoidable harm). 

A medical professional’s duty of care requires them to always provide a service that meets the correct standard of care. If their standards drop and they provide a service that falls below the minimum expectation, then this is a breach of duty. All medical professionals owe a duty of care to every patient they agree to treat. 

Accordingly, the medical negligence claims eligibility criteria are as follows:

  1. A medical professional owed you a duty of care. 
  2. This duty was breached. 
  3. You suffered avoidable harm because of this. 

You must prove the above criteria to possibly have an eligible claim for GP misdiagnosis compensation. You can speak with our advisors to see whether you can claim medical misdiagnosis compensation.

Render illustration of Medical Negligence title on Legal Documents.

What Could Count As Misdiagnosis?

Here are a couple of examples of how a GP could misdiagnose you due to breaching their duty of care:

  • You were not referred for cancer testing. For example, you came to your GP because you had blood in your urine. The cause of the problem is not investigated. Instead, you are just put on antibiotics for a suspected infection. It turns out that you have bladder cancer. So, because of your delayed treatment and cancer misdiagnosis, your cancer progressively gets worse.
  • Failing to listen to your concerns. For example, you have a chest infection and go to your GP. From them not listening to your concerns, they fail to diagnose your chest infection and fail to give you the appropriate treatment. As a result of your delayed diagnosis, your chest infection develops into pneumonia. 

You could still be misdiagnosed even when your GP follows the appropriate steps to adhere to their duty of care meaning the delayed diagnosis did not occur through a breached duty. Thus, it is important to have a chat with us if you wish to claim GP misdiagnosis compensation.

How Do You Prove Misdiagnosis?

When making a negligent misdiagnosis claim, you will need to have evidence that proves not only that a medical professional is responsible for failing to provide the correct standard of care but also how you suffered because of this.

Thus, having proof of medical negligence is a really important part of the claims process. 

A few examples of evidence include:

  • Witness statements. You should collect contact information if any witnesses were present during your misdiagnosis. For example, a family member who came with you to your appointment. 
  • A diary with your symptoms. You should record the effects of your avoidable harm for your general damages head of claim. 
  • Your medical records. This can show when your GP misdiagnosed you. This can also show the treatment you have received since your misdiagnosis, as well as doctors’ notes. 
  • Photographs of any physical effects of the avoidable harm. 

The Bolam Test may also be conducted in your case. This test is when the standard of care that your GP gave you is assessed by a panel of medical professionals within a similar field. If the panel deems that the standard of care was below the expected standard of a GP, then it may be deemed that the professional is liable. 

If you are connected to one of our solicitors, a way they can benefit you is by collecting your evidence for you. So, contact us to find out whether our solicitors can help you. 

How Long Do GP Misdiagnosis Compensation Claims Take?

Medical negligence claims all take different amounts of time to conclude. There is no specific time frame for which they must be settled. Some can take a few months, while others can take a number of years. Severe or multiple illnesses, complicated cases, the defendant denying liability and cases going to court could all mean that some cases take longer than others. That said, there is a time limit stated in law for which the claimant must initiate legal proceedings with the court.

The Limitation Act 1980 states that standard medical misdiagnosis claims have a 3-year time limit imposed on them. Essentially, you must begin making your GP misdiagnosis compensation claim within 3 years, starting from the date that medical negligence occurred or the date you were aware it occurred. 

There are exceptions to the limitation period. These exceptions are if the claimant was under 18 years old when they experienced medical negligence or if the claimant lacks the mental capacity to make a claim. 

In these circumstances, a litigation friend can be assigned by the courts to start the claim on the claimant’s behalf. During this time, the standard time limit will be paused and will only resume when either:

  • The claimant turns 18 and can make their own claim if a litigation friend has not made one. 
  • The claimant regains mental capacity, and again a litigation friend has not made a claim. 

Our advisors can verify whether you are within the medical misdiagnosis claims time limit. They can also give you more information about the exceptions. 

What Could You Claim For A Misdiagnosis By A GP?

There are up to two Heads of Loss for which compensation could be compensated under if a GP misdiagnosis compensation claim is successful.

You will be compensated for the physical and psychological impacts the medical negligence has had on you under the general damages head of claim. How long your recovery time is, how severe your pain is, and how your quality of life has changed are some of the things considered when the general damages head of claim is being valued. 

During the medical misdiagnosis claims process, an independent medical assessment will be conducted to produce a medical report of your avoidable harm. This medical report will be reviewed alongside the Judicial College Guidelines (JCG). The JCG is a publication containing various injury types at varying severities, with guideline compensation values for each. 

Compensation Table

For your guidance only, we have included information from the JCG in the table below. The guideline compensation values are from the JCG, apart from the very top entry.

Edit
Injury type Severity Guideline compensation value Comments
Multiple serious injuries or illnesses plus special damages Serious Up to £1,000,000+ An award for suffering multiple serious injuries or illnesses along with the finances they have resulted in, such as lost wages.
Kidney Serious and permanent damage or loss (a) £169,400 to £210,400 Of both kidneys.
Significant future risk (b) Up to £63,980 Of complete loss of function or a urinary tract infection.
Loss of one kidney (c) £30,770 to £44,880 The other kidney is not damaged.
Bladder Double incontinence (a) Up to £184,200 Along with medical complications, there is a complete loss of both natural bowel function and bladder function and control.
Complete loss of function and control (b) Up to £140,660 Of just the bladder.
Serious impairment of function (c) £63,980 to £79,930 Along with a degree of pain and incontinence.
Female reproductive system Infertility from an injury or disease. £114,900 to £170,280 Along with severe depression and anxiety, sexual dysfunction, pain and scarring. Failure to diagnose an ectopic pregnancy will probably be a case towards the upper end of this bracket.
Chest Total removal of a lung and/or serious heart damage (a) £100,670 to £150,110 Along with serious pain that is prolonged.

Special Damages

You could be compensated for the financial impacts of the medical negligence under the special damages head of claim. Prescription costs, travel expenses, home adaptations, and lost wages are some of the financial losses that your avoidable harm may have cost you. 

The special damages head of claim is not always given in successful medical negligence claims, however. For this reason, it is vital to keep proof in the form of receipts, invoices, payslips, and bank statements of what your avoidable harm has cost you. 

Contact us today if you wish to claim GP misdiagnosis compensation. Our advisors can tell you more about what impacts you could be compensated for if your medical negligence compensation claim is eligible. 

Begin Your No Win No Fee GP Misdiagnosis Compensation Claim

You can speak to our advisors to confirm whether you have a valid medical misdiagnosis claim and if you could work with one of our No Win No Fee medical negligence solicitors.  If you are eligible, our advisors could pass you on to our specialist solicitors. At this stage, you could be offered to be represented under a Conditional Fee Agreement (CFA).

With a CFA, there are no upfront or ongoing fees to pay for the work that your medical negligence solicitor carries out. What’s more, there are also no fees for your solicitor’s work if you have an unsuccessful claim. 

A success fee will be taken out of your compensation instead if you do have a successful misdiagnosis claim. Success fees are a legally capped percentage of your compensation. 

Talk To Our Specialist Team

To potentially begin the medical misdiagnosis claims process with us on a No Win No Fee basis, contact us at a time that best suits you. Our lines are free and open 24/7 for help and support. Here are the ways in which you could get in touch with us to potentially make a misdiagnosis claim:

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Learn More About Medical Misdiagnosis Claims

You have now reached the end of this guide. We offer guides about similar topics should you wish to read more information about claiming compensation for medical misdiagnosis:

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Thank you for reading this guide today about GP misdiagnosis compensation claims. Remember that all of our contact services are free should you wish to speak with an advisor about your potential claim.