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Failure to Treat Claims

Reviewed by

Peter Rigby - Director of Medical Negligence | Last updated on: 29th April, 2024

We've got your Failure to Treat Claim covered

It is your GP’s responsibility to be identify dangerous or life threatening conditions quickly, and therefore take the relevant actions to facilitate your recovery. Failure to treat a medical condition could result in long-term complications or injuries that are more serious to your overall health. And when this happens due to negligent action from your GP, you are entitled to pursue a compensation claim.

It is common knowledge that when you have a minor ailment, it would usually be your GP who you visit initially. A visit to the GP is the first opportunity for a doctor to spot the early signs of a serious condition and to plan suitable treatment accordingly. The earlier the diagnosis, generally the better your chances of a timely recovery. General Practitioners should be able to easily offer a diagnosis and relevant treatment for the issue.

If you feel that your GP has been negligent towards you then you may be able to make a claim against them.

You may be able to claim if:

  • GP has failed to diagnose a more serious problem
  • The diagnosis they have provided is incorrect
  • Prescribing incorrect medication as a result of a misdiagnosis
  • Failure to treat an illness within their remit

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What to do when there has been a failure to treat

When a medical condition has been spotted too late, or has not been spotted at all, this could have serious consequences on your health. A failure to diagnose your condition, or if the medical condition has been misdiagnosed, means that your condition could become progressively worse and your symptoms much more difficult to manage.

A GP has a duty of care to identify serious conditions early on, so that the right course of treatment can be planned and actioned. Failure to do so puts you at greater risk of long-term complications and your chance of recovery is impacted. If this failure to treat is a result of negligence, you could be entitled to compensation. We have many years of experience working with clients who have suffered a failure to treat as a result of negligent action, and we are able to successfully bring about justice in these cases.

Here at Patient Claim Line our medical negligence solicitors understand that going through this experience can be particularly challenging for you – that is why we are committed to providing help every step of the way and our team will always be on hand to obtain the outcome you deserve.

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Why Choose Patient Claim Line for your Failure to Treat Claim?

Not just lawyers — medical negligence experts

Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in cancer negligence and general medical negligence claims.

At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.

It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.

Frequently asked questions about Failure to Treat Claims

Our expert legal team answer your questions about making a Failure to Treat Claim

If you would like to make a GP negligence claim, this should be done within three years. The three-year period will begin either from when you or your loved received negligent care or from when you became aware that negligent treatment occurred. It is important to seek legal advice within the three-year window as you may otherwise miss out on compensation you are be entitled to. If the case involves anyone under 18, the legal case must be pursued within three years from the date of their 18th birthday.

During the negotiation stage of your GP negligence claim, your solicitor will begin to negotiate with the negligent party. The aim is to recover you any out-of-pocket losses, rehabilitation costs & compensation. Compensation secured for our clients in the past has funded home adaptations, mobility support and physiotherapy.

When making a GP negligence claim, evidence will be needed to prove that your GP was negligent during your treatment, or that your current suffering has been caused by negligence. The more evidence that can be collected will help us in presenting a strong case on your behalf, and increase the chance of success. Some common types of evidence which can help to prove GP negligence occurred include:

  • Evidence that your GP did not stand by their duty of care
  • Evidence that their failure to uphold their duty of care caused you harm
  • Evidence that if the GP had not failed in their duty of care, you would not have suffered any harm

Meet our Failure to Treat Team

  • Alison Flaherty

    Partner, Head of Medical Negligence

  • Tim Moulton

    Associate, Head of Medical Negligence

  • Iain Dodd

    Partner, Senior Solicitor

  • Nermeen Salahuddin

    Trainee Solicitor

  • Case Study

    Gordon's Story

    "It was an experience that I never thought I’d have to go through"

    Gordon first reported a blockage in 2011, but this wasn’t fully investigated. This delay in medical care meant that he needed an amputation of his lower leg, which impacted his mobility and independence.

    The team at Patient Claim Line determined that Gordon lost his leg because medical professionals didn’t operate soon enough. Our team fought to ensure Gordon received justice, and they were able to secure him compensation for his suffering.

    The financial settlement enabled him to purchase a more suitable prosthetic leg, as he found the NHS prosthesis uncomfortable. Gordon now finds playing his beloved bowls much easier, and his team were recently promoted to a higher league.