If you want to make a medical negligence claim against a General Practitioner (GP / Doctor), our Medical Negligence Solicitors can give you a free assessment of whether your claim has a chance of success.
There’s no commitment to making a claim if you simply want to find out what options are available. But if you do go further, we can be there to provide friendly and accessible support every step of the way.
Ask us if your case can be dealt with on a No Win, No Fee basis.
It’s a given for most of us that we trust our GPs. But occasionally, the standard of care can fall below what we consider to be acceptable.
So if you’re unhappy and want to take legal action, what exactly can you claim for?
A GP negligence claim may seek compensation for:
- Pain, suffering and loss of amenity
- Loss of earnings (past and future)
- Medical expenses
- Travel expenses
- Equipment or home adaptation
Before considering legal action, you might also ask yourself what exactly constitutes GP negligence?
Some of the most common reasons people have claimed include:
- Incorrect diagnosis, especially involving cases of cancer where urgent treatment is necessary or the illness may be life-limiting
- Failure to respond to test results, meaning that treatment is delayed or not provided
- Incorrect prescriptions
- Failure to refer a patient to a specialist, even if the symptoms warrant such action
- Failure to visit a patient in their home when this is medically necessary
Our specialist team has recovered millions of pounds in compensation for victims of medical negligence.
We can also help people claim bereavement damages or fatal accident compensation if a loved one died as a result of medical negligence.
Frequently asked questions
- What is the claims process?
When you contact us for a free consultation, we’ll run you through key information such as the NHS Complaints procedure, as you may have to submit a complaint before taking legal action.
If this applies in your case, we can advise you on the procedure and review the outcome of a complaint. After taking on your case, we’ll work with an independent medical specialist to gauge the full extent of your injuries, as this will help us calculate how much compensation you should be awarded.
If your claim is specific to Cerebral and Erb's Palsy, claims are more complex as they rely on a number of independent experts to carry out a thorough investigation. But, we'll take care of the difficult tasks, from arranging appointments with independent medical experts to supporting you if your case goes all the way to trial.
- What is the claim time limits?
Strict time limits apply for making a medical negligence claim, so you shouldn’t delay in seeking specialist legal advice.
You must either claim within three years of when the incident happened or three years from when you became aware of it (the date of knowledge).
If the date of knowledge can’t be identified, assume that the three-year period runs from the date of the incident.
The time limitation period may in certain cases extend to:
- If an injured person suffers from a temporary mental disability,then time doesn’t start to run until mental capacity has returned
- Those aged under 18 years, the three-year period doesn’t start running until their 18th birthday
- If settlement of the medical claim isn’t reached or application for legal action for damages issued to the Courts by the eve of their 21st birthday, then the opportunity to claim compensation is lost unless the minor suffers mental incapacity
Although the Courts have wider powers to alter the time limits, it is not often that the discretion is exercised.
If you’re claiming following the death of another person, you have 3 years from the date of their death in which to claim.
- How will I pay?
Many clinical and medical negligence cases can be funded through a No Win, No Fee agreement, which is also known as a Conditional Fee Agreement. Ask for details when you get in touch.
- Can I claim compensation?
Medical negligence claims often arise out of the bad or poor management of your healthcare as a patient.
You may have a case if the doctor, nurse or hospital treating you failed to:
- Provide adequate healthcare
- Keep proper records
- Administer medication
- Properly operate hospital machinery
All of the above raises questions as to the adequacy of the treatment you may have received.
For free legal advice call our Medical Negligence Solicitors
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Simpson Millar is a national law firm with over 500 staff and offices in Bristol, Cardiff, Kingston-upon-Thames, Lancaster, Leeds, Liverpool, London, Manchester, Morecambe and Southport.