When we visit a general practitioner (GP), we trust that they will provide us with competent medical care. GPs are held to the same standards as other medical professionals and are legally bound by a duty of care.
If a GP does not carry out their duty of care correctly, this can have serious consequences for patients, and the impact can be devastating. In some cases, this could be considered negligent care by a GP.
Negligence by a GP can have serious, even life-altering, consequences. If you’ve experienced poor treatment or diagnosis, it’s important to understand your rights and how to make a complaint. This guide outlines how to complain about a GP, what evidence you need to make a claim, and how to take legal action if necessary.
How can you report a GP for medical negligence?
If you are looking to report your GP for medical negligence, there are a few different ways to raise your concerns:
- Raise your concerns directly with the GP who is treating you
- Make a formal complaint to your GP surgery
- Make a GP negligence claim
Each option has its own process and outcomes. Sometimes, a simple discussion can resolve the issue, but more serious incidents may require legal action.
What are the signs of GP negligence?
GPs play a very crucial role in providing healthcare to their patients. However, in some instances, there may be times when a GP’s actions fall short of the expected standard of care that the NHS adhere to. These actions could potentially lead to harm or injury to the patient, so it is important to be able to recognise the signs. Some common signs of GP negligence include:
- Delay or failure to refer for specialist treatment
- Failure to treat a medical condition
- Misdiagnosis or delayed diagnosis
- Prescribing the wrong medication
- Not following up on test results
- Failure to record patient information correctly
- Failure to complete a proper patient examination
- Failure to refer for X-ray
GP negligence can have serious consequences for patients, including a condition becoming worse, unnecessary pain, emotional distress, financial loss and potentially even death. If you have experienced any signs of GP negligence, you can report this and make a complaint to protect yourself and also ensure that this type of GP negligence will not occur again.
What do you need to prove for a GP negligence claim??
If your doctor has failed to provide their duty of care to you, and you’ve been negatively affected as a direct consequence of their negligence, you may be eligible to make a GP negligence claim.
What is a breach of duty of care?
A breach of duty of care refers to when a healthcare professional provides care below the accepted standard, whether through action or omission. This could be due to a lack of thoroughness, failure to investigate symptoms, or carelessness in treatment. If this results in avoidable harm, there may be grounds for a claim.
What is causation in medical negligence?
Causation refers to the direct link between the GP’s negligence and the harm you’ve suffered. You must show, with medical evidence or expert opinions, that the outcome would have been different had proper care been provided.
How do I know if my GP has been negligent?
If you’re not sure if your circumstances were brought about by negligent practice, we’re here to advise you with a no-obligation, free consultation. Many of us hold our healthcare professionals in high esteem, so it can be a big deal to doubt their competence, but don’t be afraid to question the care you received, especially when it impacts your health.
How do I complain about my GP in the UK?
While the process may seem daunting, it’s important to know that you have the right to complain about your GP practice if you believe the care that you received was inadequate. You can make a formal complaint using the NHS complaints procedure:
[Complaints Procedure Diagram]
In the first instance, the NHS recommends giving feedback to help improve the quality of care. By giving feedback directly to your GP, you may be able to resolve the issue quickly without having to make a formal complaint.
If you have given feedback and you do not feel as though your issue has been resolved, you are able to make a formal complaint about your GP.
Who do I complain to about my GP?
When making a GP complaint, you have two options: you can either complain to your healthcare provider (GP surgery) or you can complain to the commissioner, which is the organisation that paid for the service or care that you received: NHS England. Making a complaint to the commissioner may be the right option for you if you do not feel comfortable submitting a complaint directly to your GP.
When you are making a formal complaint, you can do this in writing, by email or by speaking to someone in the organisation.
How long do I have to make a complaint about my GP?
You have 12 months from when the incident happened to make a complaint about your GP, but you should do this as soon as possible. The 12-month deadline could potentially be extended if there is a reason as to why you could not make your complaint within the year, as long as it is still possible for the NHS to investigate.
What should you include in your GP complaint?
You can file a complaint in writing or verbally. However, it’s usually recommended to submit your GP complaint in writing so that all the factual details are documented. If you do choose to make a verbal complaint, be sure to record all the information to maintain an accurate record.
In a formal complaint about your GP you should include:
- What happened
- When the incident happened
- How did it affect you
- What do you hope to achieve from the complaint
- Who was involved in the incident
- How should you be contacted regarding the complaint
If you need any further help when making a complaint about a GP, you can speak to the Patient Advice and Liaison Service (PALS). This is a free service that can help you through the complaint process.
Once you have submitted a formal complaint, you should get a response promptly and then an internal investigation into the complaint should occur shortly after.
What to expect after you have made a GP complaint
Once you have made a complaint regarding your GP, the NHS constitution states that “you have the right to have any complaint you make about the NHS services acknowledged within three working days and to have it properly investigated.”
The government states that after you have made a complaint about your GP:
- You should have your complaint acknowledged and properly looked into
- You should be kept informed of the progress that has been made regarding your complaint and updated on the outcome
- You should be treated fairly, politely and with respect
- Your care and treatment will not be affected as a result of making a complaint
- You should be offered an opportunity to discuss your complaint with the complaints manager
- You will expect appropriate action to be taken following your complaint
What to do if you are not satisfied with the outcome of your GP complaint
If you do not feel as though the NHS has adhered to these pledges and you are not satisfied or happy with the response that you have received from the NHS, you can then ask the independent Parliamentary and Health Service Ombudsman to look at your complaint.
This is a free service that makes final decisions about complaints that have not been resolved by the NHS. This service can be used for more serious complaints about GPs. The ombudsman will investigate your complaint and let you know if they decide to take it further.
- Ensure that you are treated with courtesy and you receive appropriate support throughout the handling of a complaint, and that the fact you have complained will not adversely affect your future treatment.
- Ensure that when mistakes happen or if you are harmed while receiving healthcare, you receive an appropriate explanation and apology, delivered with sensitivity and recognition of the trauma you have experienced, and know that lessons will be learned to help avoid a similar incident occurring again.
- Ensure that the organisation learns lessons from complaints and claims and uses these to improve NHS services.
Statistics surrounding complaints made to GPs
In 2023-24, NHS organisations in England received a total of 241,922 written complaints, marking a 5.4% increase from 2022-23. More than 126,000 complaints were made against primary care services, including GP and dental practices.
- Around 32% of GP complaints were upheld, showing that many had legitimate grounds.
- The most frequent reason for complaint was clinical treatment, including misdiagnosis, treatment delays and prescription errors.
(Source: NHS England)
Making a GP negligence claim alongside a complaint
The NHS Constitution for England establishes the principles and values of NHS England, and it sets out the rights to which patients are entitled. When you visit your GP, you expect these values and principles to be met and that you are going to be cared for to the highest standard. Unfortunately, there are some cases where this standard is not met, and this can constitute a GP negligence claim.
Making a complaint about your GP to the NHS can ensure that this is investigated properly and that it doesn’t happen again. Alongside making a complaint, you could also be entitled to make a GP negligence claim.
If you have suffered any harm or injury due to negligence that has been carried out by your GP, you may be entitled to compensation. Pursuing a GP negligence claim alongside making a complaint can provide you with financial support and closure, as well as help the NHS to ensure that it doesn’t happen again.
Why choose Patient Claim Line for your GP negligence claim
At Patient Claim Line, we have a team of specialist solicitors who can help you pursue a GP negligence claim and obtain the compensation that you deserve.
We understand that dealing with GP negligence can be overwhelming, but we are here to support you through every step of your claims process. We have extensive experience in handling GP negligence claims and have helped many patients claim compensation for GP negligence. Plus, we work on a no-win, no-fee basis, meaning that there is no financial risk in pursuing your claim.
Contact us
If you’ve experienced negligent care from a GP, don’t suffer in silence. Contact us today to speak with a solicitor about your GP negligence claim. We’re here to help you understand your options and pursue the justice you deserve.