Standards of care are falling in the UK, as persistent NHS underfunding and high demand continue to tax vital services for the nation’s citizens. This is felt most keenly in local communities via their GP; as the BMJ reports, patient satisfaction in GP services has fallen considerably.
There are many reasons for this, from failure to book appointments to delays in receiving care – but it is also true that the possibility of negligent care is on the rise. In the event that you are unfortunate enough to suffer negligent care from a GP, how would you enter a civil claim?
Do I Need to Complain First?
Before you decide to proceed with your potential civil claim, you might be wondering what your obligations are with regard to reporting your experience. Many seeking compensation are of the belief that correspondence with the GP as part of a complaints process is necessary before beginning any form of the legal process.
While this is not strictly true, the complaints process can be a useful way to gain more information about the care you received, and the decisions made by your GP. In a best-case scenario, a complaint could deliver a response that acknowledges mistakes were made – giving your solicitor some incredibly strong material around which to form a proper medical negligence claim.
The Process for Entering a Medical Negligence Claim
All negligence claims processes must necessarily begin with a consultation with a solicitor. This initial consultation will outline some of the more important steps ahead, and ascertain the validity of your claim. In order for you to have a case, you must be able to demonstrate that your GP has failed in their duty of care to you and that this dereliction of duty has led to tangible costs – with regard to your physical health, mental health, finances, and/or livelihood.
Any evidence you can provide, from medical records to eyewitness testimony and even receipts to prove costs, will bolster your claim significantly. In conventional civil cases, a letter before action is sent to the defendant or their legal team, outlining the claim and the compensation requested. This can then be acknowledged and settled out of court, or reputed and taken to court.
Most GPs operate as independents, on contract to the NHS. This means the vast majority of GPs can be litigated against personally, making the process much easier than with litigating against the NHS as a body.
Timelines and Deadlines
The length of your claims process can differ greatly, depending on the nature of your claim and the actions of the GP against which you are claiming. Typically, a claim can take between 12 and 24 months to be resolved completely.
It is also important to understand the time limits associated with making a claim; the Limitation Act 1980 prevents you from entering a claim more than three years after the negligence, or after discovering the negligence. For minors, the three-year time limit commences on their 18th birthday.
