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Like all medical professionals, GPs have been under sustained pressure since the Covid-19 pandemic took hold. They have been at the forefront of the vaccination programme and continue to play an important role in caring for those who have contracted the virus, but who have not yet fully recovered or have suffered devastating and life-changing injuries. 

The dedication they have shown is extraordinary, but it has come at a cost – not only to them, but to the many patients who have received a substandard service while the impact of the pandemic has played out. Patients who have been unable to arrange face-to-face consultations, patients who have had appointments cancelled, patients who have had to wait lengthy periods to have tests carried out, patients who are still waiting for referrals to be made, and patients who now face an uncertain future because of delayed diagnosis. 

The impact the pandemic has had on GP services has been huge and because of this we expect to see a surge in the number of medical negligence claims being made against GPs in the coming months and years.  Indeed, as Dominic Jones, head of our GP negligence team explains:

“According to NHS Resolution – the body responsible for dealing with negligence claims against NHS trusts and other NHS service providers – the profession is braced to receive an influx of claims which could total more than £44 million and which will be settled either under existing NHS insurance arrangements or under the terms of a specialist coronavirus indemnity scheme, launched by the Secretary of State for Health and Social Care in 2020.”

Many of these claims are expected to come from people with cancer who have experienced unacceptable delays in having their condition confirmed, and in being sent to hospital for lifesaving or life-prolonging treatment.

So what are your options where you feel that your health or wellbeing have been adversely impacted by the level of service your GP has provided? The answer will of course depend on the circumstances, but in some cases it may be possible for you to obtain compensation.  

Medical negligence – what you need to prove

To bring a medical negligence claim, and therefore secure financial recompense for what you have been through and to cover the cost of any ongoing care required, you will need to be able to demonstrate that:

• The way you, or a loved one you are claiming for, have been treated by your GP or another member of surgery staff falls below acceptable professional standards;
• You or your loved one have been injured or suffered harm as a result, or alternatively your loved one has died; and
• Injury, harm or death would not have occurred (or would have been less likely) had your GP or surgery acted in accordance with the standards expected of them.

Types of error or failure that might amount to medical negligence

Provided you or your loved one have suffered an injury or some other type of physical or psychological harm, it may be possible to bring a negligence claim where your GP has:

• Failed to carry out a proper assessment, including a physical examination where needed; 
• Failed to take account of your medical history and list of symptoms when assessing what might be wrong and considering treatment options;
• Failed to spot a life-threatening condition;
• Failed to keep a pre-existing condition under regular review;
• Failed to perform necessary tests or to refer you to see a specialist;
• Failed to inform you of test results and any following-up treatment required;
• Failed to provide you with a prompt and accurate diagnosis; or 
• Failed to properly perform a minor surgical procedure.

Covid considerations 

The Covid pandemic has been an exceptional event that has necessitated a rapid response from the medical profession. For the best part of two years the primary focus of everyone has been in keeping the spread of the virus under control, vaccinating as many people as possible and caring for those whose bodies continue to be ravaged. 

With this in mind, it seems likely that when assessing medical negligence claims that arise out of service standards during the pandemic, regard will have to be had to the unprecedented circumstances in which GPs and other medical professionals have found themselves since the virus took hold, and in particular since the first lockdown was announced in March 2020.  

Having said that, we do not expect GPs to be allowed to hide behind Covid where the service they have provided is clearly below acceptable levels, and where serious harm has been suffered as a result – whether this stems from a life threatening condition being missed because of a refusal to see a patient in person where this was justified, or cancer treatment being delayed because of a failure to organise tests in a timely manner which meant that a cancer diagnosis was not made as soon as it could and should have been.

More information

To find out more about GP negligence claims, please visit our dedicated GP negligence web page: GP Negligence Claims – Step Legal Solicitors | Crewe & Stoke-on-Trent.

You can also call Dominic on 0800 195 6412 for a free, informal chat about whether you or your loved one have grounds for bringing your own medical negligence case. We offer no win, no fee funding and for those who need it a free Polish translation service. 

Where you think a claim may be possible, we would urge you to get in contact with us as soon as you can as there are strict time limits that apply to medical negligence cases.