You can sue your doctor for negligence if the care they provided fell below the required standard, causing you to suffer unnecessarily. We all entrust our GPs to help us get our health back on track when we are unwell or need their care. However, when that care is substandard, the physical and psychological consequences can be significant. To add to this strain, you may also be left out of work and out of pocket.
We understand that medical negligence can be a deeply isolating experience. Thankfully, our excellent panel of solicitors at Public Interest Lawyers are here to provide compassionate, expert support during this challenging time. They are ready to help you pursue a medical negligence claim to find justice and receive compensation for your suffering.
Key Takeaways
- Doctor negligence refers to substandard care that results in unnecessary patient suffering.
- A doctor may negligently misdiagnose patients, fail to perform an adequate examination, or make medication errors.
- Negligent treatment may cause minor or serious harm, requiring further treatment, prolonging pain and suffering, and impacting day-to-day life.
- A medical negligence claim can be made even if a doctor or GP is retired or deceased.
- Our panel of specialist medical negligence solicitors can help sue a doctor on a No Win No Fee basis.
For a free consultation on whether you can sue your doctor for negligence, get in touch with our team of advisors. They’re here 24/7 to guide and help you when you need it most.
Jump To A Section
- What Is Doctor Negligence?
- Can I Sue My Doctor For Negligence?
- What Are Some Doctor And GP Negligence Examples?
- What Injuries Could Result From GP Or Doctor Negligence?
- Will Making A Claim Affect How My GP Treats Me?
- How Much Doctor Negligence Compensation Can I Sue For?
- What Will I Need To Prove My Doctor Or GP Acted Negligently?
- How Long After Medical Negligence Occurred Can I Sue My Doctor?
- Why Should I Sue My Doctor With Your Panel Of Solicitors?
- Suing My Doctor Or GP On A No Win No Fee Basis
- Learn More
What Is Doctor Negligence?
Doctor negligence refers to a medical professional providing care that falls below the required standard, resulting in a patient suffering unnecessarily. For example, your doctor may have performed an inadequate physical examination, thereby missing a fracture that impacts long-term healing.
Poor outcomes alone do not prove medical negligence, as any treatment carries inherent risks. Even when a healthcare provider delivers the correct standard of care, treatments may not go as planned, or a patient may experience pain. Therefore, to have a valid claim, you must be able to prove that the harm you suffered was avoidable.
If you believe you have suffered as a result of doctor negligence, discuss this with our advisors to determine your next steps.
Can I Sue My Doctor For Negligence?
Yes, you can sue your doctor for negligence if their care was substandard and this caused you unnecessary suffering. However, you must be able to prove you meet the following eligibility criteria applicable to all medical negligence claims:
- Your doctor owed you a duty of care. All medical professionals, including doctors, must deliver a standard of care that meets minimum expectations. This is their duty of care, which can be met by taking symptoms seriously and referring patients to specialists when necessary.
- Your doctor breached their duty of care. This means your doctor acted negligently, providing care below the required standard. For instance, they may have misinterpreted the results of a blood test or failed to check your medical records before prescribing a medication.
- You suffered avoidable or unnecessary harm. If the breach caused you harm that was unnecessary or avoidable, you may be eligible to pursue a medical negligence claim against them. This harm may be both physical and psychological, and can be temporary, long-term, or even permanent.
Can I Sue A Private Healthcare Doctor?
Yes, you can sue a private healthcare doctor if you can prove that you were avoidably harmed by the negligent care they provided. Private doctors have the same duty of care to patients as medical professionals working in the public sector. So, if they breach this and cause unnecessary suffering, there may be grounds to pursue a medical negligence claim against them.
What If The Doctor Is No Longer Practising?
If the doctor is no longer practising, you may still be able to seek compensation for any unnecessary harm you suffered as a result of substandard care. Medical professionals and healthcare providers are typically required to have indemnity insurance. This can cover payouts for successful claims, even if a doctor has retired or died.
If your claim is against the NHS, compensation will be awarded by NHS Resolution. This is an arm’s length body responsible for handling medical negligence claims.
Contact our advisors today with any questions about how to sue a doctor for negligence.
What Are Some Doctor And GP Negligence Examples?
Some examples of doctor and GP negligence include medication errors, inadequate examinations, and ignoring or dismissing symptoms. This can occur in situations like the following:
- Misdiagnosing conditions: A patient may have flu-like symptoms, but a GP diagnoses them with a common cold and does not order further tests. This failure allows the patient’s pneumonia to worsen.
- Failing to refer patients: A doctor may fail to refer a patient for an X-ray when there are signs of a wrist fracture, thereby delaying treatment and affecting healing.
- Making medication errors: A GP may prescribe a high dose of medication that is unsuitable for a patient with an existing condition, resulting in them suffering kidney damage.
- Inadequate examinations: A doctor may perform an inadequate breast examination on a patient, failing to detect a cancerous lump. This results in the cancer metastasising to the lungs, leaving the patient with long-term depression.
Discuss your doctor’s or GP’s substandard care with our advisors today to determine whether your harm was the result of negligent conduct or omissions.
What Injuries Could Result From GP Or Doctor Negligence?
Various injuries could result from GP or doctor negligence, including organ damage, infections, worsened conditions, and psychological trauma. Specific examples include:
- Brain damage, which may cause long-term or permanent impairment
- Loss of or damage to an organ
- Worsening of a condition or illness, such as cancer or cauda equina syndrome
- Development of infections, including sepsis
- Allergic reactions from medication or prescription errors
- Mobility problems due to missed fractures
- Mental health problems, such as depression and anxiety
Our advisors are waiting to hear from you, so please get in touch if you would like to share your experience of doctor or GP negligence.
Will Making A Claim Affect How My GP Treats Me?
No, making a claim should not affect how your GP treats you, as they should not act differently with you nor otherwise discriminate simply because you are taking legal action. Understandably, your trust in the doctor may be significantly affected, and you might have reservations about receiving treatment from them.
Under such challenging circumstances, you can ask to change doctors or switch to a different GP surgery entirely. Taking either step will not impact the validity of your claim.
We understand how difficult such situations often are, but our solicitors can ease some of the strain during the claims process. For instance, they may handle any correspondence regarding your claim with the GP practice.
If you have any concerns about pursuing a claim against your GP, reach out to our friendly and reassuring advisors for further guidance.
How Much Doctor Negligence Compensation Can I Sue For?
The amount of doctor negligence compensation you may sue for depends on the extent to which you suffered unnecessarily, and how this affects your finances and quality of life. Your pain and suffering will be valued under the head of claim general damages, which considers both physical and psychological harm.
You may undergo an independent medical assessment to determine the severity of your suffering. The assessor’s report will then be reviewed by a solicitor, and can be used alongside the Judicial College Guidelines (JCG) to value your general damages. This document is regularly updated and provides suggested compensation brackets for various forms of harm.
The table below contains a selection of brackets, including those for organ damage. However, these are all guidelines and therefore do not guarantee a compensation payout. The entry at the top does not come from the JCG.
| Injury/Illness | Severity | Compensation |
|---|---|---|
| Multiple Serious Injuries and Significant Financial Losses (e.g., Private Treatments, Rehabilitation Costs, and Lost Earnings) | Very Severe | Up to £1 million plus |
| Brain Damage | Very Severe, Considers Physical Limitations and Life Expectancy | £344,150 to £493,000 |
| Kidney | (a) Both Kidneys Permanently, Seriously Damaged or Lost | £206,730 to £256,780 |
| Female Reproductive System | (a) Infertility with Sexual Dysfunction | £140,210 to £207,260 |
| Male Reproductive System | (b) Total Impotence, Sterility, and Loss of Sexual Function | £140,220 to £181,020 |
| Lung Disease | (a) Serious Disability With Likelihood of Progressive Worsening | £122,850 to £165,860 |
| Bowel | (b) Natural Function Totally Lost | Up to £183,190 |
| Bladder | (b) Function and Control Completely Lost | Up to £171,680 |
| Arm Amputation | Loss of 1 Arm (i) at the Shoulder | Not Less Than £167,380 |
| Leg | Severe (iv) Moderate, including Multiple or Complicated Fractures | £33,880 to £47,840 |
Can I Sue My Doctor For Financial Losses Resulting From Negligence?
Yes, you may sue your doctor for any financial losses you incurred as a result of the harm you suffered due to their negligence. Such losses are valued under the head of claim special damages.
Some examples of financial losses that could be pursued through the doctor negligence claims process include:
- Lost earnings and work benefits, including future income
- Private medical treatments or prescriptions
- Counselling or other mental health services
- Travel expenses going to and from appointments
- Assistance with daily tasks from professional carers or loved ones
- Special equipment, such as medical beds and mobility aids
- Home modifications, ranging from ramps to the installation of smart assistive devices
To claim special damages, you must provide evidence of the losses you incurred, such as payslips, medical bills, bank statements, or receipts.
If you have any questions about the factors that might be considered when valuing doctor negligence compensation, please do not hesitate to contact our advisors.
What Will I Need To Prove My Doctor Or GP Acted Negligently?
To prove that your doctor or GP acted negligently, you will need a full copy of your medical records, photographs of visible signs of harm, and other supporting evidence. This bundle of information and material should clearly paint a picture of how the care you received fell below required standards, resulting in avoidable or unnecessary harm.
You can get further insight by reading our medical negligence evidence guide, which provides detailed examples of how to find or access proof to support your claim. Additionally, our advisors can provide tailored assistance and explain how a solicitor from our panel could help you obtain the evidence needed to prove doctor or GP negligence.
How Long After Medical Negligence Occurred Can I Sue My Doctor?
You will usually have 3 years to sue your doctor after medical negligence has occurred. This time limit will commence on the date you experienced substandard care, or the date you first became aware that this caused you avoidable harm.
So, it is in your best interest to keep a record of any important, dated correspondence with the medical professional or organisation to ensure you have enough time to pursue a claim. Additionally, pursuing your claim at your earliest convenience can be beneficial, particularly when it comes to the availability and completeness of evidence.
To learn more, read our guide to the limitation period or contact our advisors.
Why Should I Sue My Doctor With Your Panel Of Solicitors?
You should sue your doctor with our solicitors at Public Interest Lawyers, as they are specialists in medical negligence claims. They provide expert, compassionate support and always take the time to understand each case and how best to represent their clients. Additionally, they have undergone extensive training and use decades of combined experience to inform their approach when helping clients navigate the claims process.
Some benefits to pursuing a claim against your doctor with a solicitor from our panel can include the following:
- Walk you through the entire medical negligence claims process
- Explain legal jargon and how to sign important documents
- Calculate potential compensation to secure a settlement reflective of how you’ve been affected
- Negotiate with the opposing party, representing your interests throughout
- Assist you in obtaining evidence to support your claim
- Set you up with an independent medical assessment
- Help you access rehabilitation services and apply for interim payments
At Public Interest Lawyers, we recognise how suffering from medical negligence may leave you distressed and distrustful. However, our advisors and panel of solicitors are here to support you every step of the way to help you get the justice and compensation you deserve.
If you have any questions about the services our panel offers, please get in touch with our helpful advisors.
Suing My Doctor Or GP On A No Win No Fee Basis
You may benefit from suing your doctor or GP with a solicitor from our panel here at Public Interest Lawyers, as they offer their services on a No Win No Fee basis. They do so because they firmly believe that all claimants deserve access to professional and expert legal support, regardless of their financial circumstances.
If you sign a Conditional Fee Agreement (CFA) with a solicitor, you will not pay them any service fees before your claim starts or while it is progressing. These fees are also not charged when a claim fails.
You will only pay them a success fee for their work if your claim has a favourable outcome. This fee is small because it is taken as a legally capped percentage of your compensation.
Contact Our Team To Get Started
Contact our advisors at Public Interest Lawyers today for a free consultation regarding your eligibility to pursue a doctor negligence claim by:
- Calling on 0800 073 8803 to discuss your medical negligence claim
- Filling out our online contact form
- Asking questions about how to sue a doctor for negligence through live chat
Our helpline is available 24 hours a day.
Learn More
Learn more about pursuing a medical negligence claim by reading a selection of our guides below:
- Answers to our medical negligence FAQs
- Learn about surgery negligence compensation
- Information regarding hospital negligence claims
References:
- Access an urgent care centre, NHS.UK
- Information about statutory sick pay, GOV.UK
- Learn about the General Medical Council, GMC.UK.ORG
Thank you for reading this guide, which explains how to sue a doctor for negligence.