Medical Negligence Guide to General Practitioner Claims

17 August 2017

By Medical Negligence Solicitor Daniel Comerford

If the actions of a General Practitioner (GP), or their failure to act, caused you a personal injury you may be able to claim for medical negligence compensation. Our senior Medical Negligence Solicitor explains the usual initial steps involved.

Free Initial Consultation

When you contact us you will speak with an expert Medical Negligence Solicitor who only deals with clinical and medical negligence claims. They will listen to you, discuss your concerns with you and, using their experience of GP medical negligence claims, they will advise whether you have a good claim, what your options are, and how best to proceed. This service is completely free.

No Win No Fee

We will tell you if we can take your medical negligence claim on No Win No Fee basis before any work starts on your case. When your injury claim is dealt with by Co-op Legal Services there will be no nasty surprises.

It is part of the Co-op’s ethos and values to provide help and support in enforcing legal rights to prevent injustice, and we will always strive to secure the best possible compensation and rehabilitation support for our clients.

Gathering Evidence

When we open a new case we start preparing the claim, this usually involves taking a witness statement from you, obtaining copies of all your medical records, gathering any national or local guidelines and then preparing a formal letter to send to your General Practitioner.

The letter to your GP, from your Medical Negligence Solicitor at Co-op Legal Services, will set out the details of the claim and the allegations of negligence with an invitation for your GP to admit the negligence (fault).

Expert Evidence

If your GP does not admit fault at this stage of the claim, your Medical Negligence Solicitor will instruct an independent GP expert to prepare an expert report on whether the GP care you received was negligent.

Once your Medical Negligence Solicitor has obtained the expert evidence on the GP care that you received they will need to assess: what pain, suffering, injury or loss the negligence has caused; what your current condition is and what your prognosis for the future is. In some cases this may require another expert report from a different independent expert.

Valuing the Claim

When all the expert evidence has been obtained and reviewed, your Medical Negligence Solicitor will consider previous cases that have settled or gone to trial, and the guides used by Judges to finalise how much compensation you should receive.

Once this stage is reached, your Solicitor will usually draft a document, called a Schedule of Loss, detailing how much compensation you should be paid. In many medical negligence cases this will include the cost of future medical treatment, rehabilitation support, travel and care needs, changes being made to home and work environments, loss of earnings or income, and out-of-pocket expenses.

Recovering Compensation

Your Solicitor will then send the expert reports, or summaries of the reports, along with the Schedule of Loss to your GP. Your Solicitor may advise you, if appropriate, to also make an offer to settle the claim at this stage. Your GP will usually take up to 4 months to investigate the claim and then respond.

Once your GP has responded, your Medical Negligence Solicitor will advise you what your options are and the best way forward.

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