What is GP negligence?
A General Practitioner is usually your first point of contact when it comes to any medical issues. Outside of obvious emergencies, your local doctor should be a reliable source of information and advice but there are instances where things can go wrong.
GP negligence is defined in cases where the patient has suffered injury, trauma or illness as a direct result of negligent actions. This could be as a result of a number of factors relating to advice, treatment or diagnosis.
If you feel you have suffered in any way due to GP medical negligence, please get in touch.
How to prove GP medical negligence
Proving GP medical negligence is pivotal to a successful outcome, but how do you approach this crucial part of the claim? The first action to take is to request your medical records. All patients in Ireland are perfectly entitled to do this and, if negligence has occurred, this could offer a clear indicator.
Having those medical records checked by an independent, qualified third party could potentially confirm that negligence has taken place. Additional documentation such as prescription receipts can also be helpful when it comes to compiling a case.
Once those records have been accessed, the claims process can begin.
How to claim for GP negligence
Having requested your medical records, it’s advisable to contact a solicitor with specific experience in GP negligence cases. This is a specialised area of law and, if the process is not directed in the correct manner, there is a risk of a claim failing unnecessarily.
Evidence will then be submitted to the party responsible. In some instances, blame can be admitted straight away and it’s possible for a settlement figure to be offered. This is by no means guaranteed and, if responsibility is denied then the next step is to follow up with official legal proceedings.
The GP negligence case can also be taken to court if an offer has been made and it’s not acceptable to the claimant. Your solicitor will discuss this with you with a view to establishing whether or not such an offer is a fair one.
What are the most common types of GP negligence claims?
GP negligence cases can cover a wide-ranging set of circumstances. They can include, but are not limited to:
- Delayed diagnosis
- Poor medical advice
- A procedure which wasn’t fully explained
- Prescription for unsuitable or incorrect medication
- Incorrect reading or interpretation of test results
This is a comprehensive list and includes the common cases where negligence on behalf of your general practitioner can arise. However, it isn’t necessarily a complete schedule of GP medical negligence occurrences and, if you are in any doubt as to whether your own personal circumstances are covered, please get in touch with a medical negligence solicitor right away.
What are the legal time limits for a GP negligence claim?
In order to submit a case for GP medical negligence, claimants should be aware that Irish law has a two-year time limit in place. This covers all forms of negligence compensation and the period starts from the Date of Knowledge.
In many instances, the date of knowledge and the date that negligence took place will be the same but this isn’t always the case. In cases of GP negligence, it may not be immediately apparent that injury or illness has been caused as a direct result.
That’s why the Date of Knowledge refers to the point in time where symptoms manifested and they were known to be significant. From that stage, the two-year time limit on GP medical negligence claims will kick in.
In order to stand a better chance of GP negligence claims being upheld, it’s advisable that details be submitted to the appointed solicitor as soon as possible. Information relating to the case will be easier to recall but, in all instances, the two-year limit needs to be adhered to.
How much compensation can I get for GP medical negligence?
There are average payouts which can be researched based on previous GP negligence compensation claims but the exact amount received will depend on a number of factors. Among the criteria that is taken into account are the following:
- Nature of the negligence and the severity of subsequent symptoms
- Cost of initial medical fees incurred as a direct result of said negligence
- Projected medical costs for treatment and equipment if this is required
Any judgement made will include this information but there are some ‘ball park’ figures in place. For example, a misdiagnosis on a muscle tear or ligament damage may be settled for just a few hundred Euros.
A prescription that causes an existing medical condition to worsen could rise to thousands of Euros if the General Practitioner was already aware of the condition.
A failure to detect a serious illness such as cancer could see compensation rise to six figure sums. However, it is very much dependent on those individual circumstances and that’s why it’s wise to consult with an experienced GP negligence solicitor before trying to establish a likely payout.
Why choose McGinley Solicitors?
Established in 1988, McGinley Solicitors have over 30 years’ experience in dealing with the intricate processes behind all types of medical negligence claims. It is a complex procedure and one that should not be tackled alone so, if there is a case to answer, we are behind you all the way.
If you are looking for no win no fee GP medical negligence advice and representation, this can be discussed at the initial stages. Please fill in the contact form or give us a call on 1800 998 969 so that we can discuss this, and all aspects of your claim in greater detail.
To take things further, we have an office in Dublin and two locations in Donegal where we can meet face to face. At that point, we can discuss more specific matters such as potential compensation levels. As experienced GP negligence lawyers, we can give you the professional expertise needed to achieve the best possible result.