Can a Medical Negligence Claim Arise From a GP Misdiagnosis?


The General Medical Council ('GMC') regulate medical professionals across the country. By law, when a doctor cares for you they owe you a professional 'duty of care'. You can see more details of this duty on the GMC's website http://www.gmc-uk.org.

A breach of this duty of care resulting in injury or harm to you is likely to mean that there has been some medical negligence on the part of that medical professional.

If a doctor is found to be in serious breach of duty, he or she can be struck off the GMC authorised list. He will then be prevented from further practising. This is a complex area of the law that can often deal with serious consequences, these cases should only be handled by an experienced medical negligence solicitor. It may effect how you view your doctor.

You are unlikely to realise when you consult a specialist or doctor that a contractual relationship exists between you as the patient, and the doctor, hospital, or other health care provider. It is this relationship which forms the existence of a 'duty of care'.

Once you consult your doctor about an illness or a set of medical symptoms the physician-patient relationship is formed. To avoid medical negligence, the physician has a duty to possess the medical knowledge required of a reasonably competent health care provider, who is qualified in that particular field of medicine.

He or she will also be expected to use their own medical judgment to a reasonably competent level in the exercise of that care. When this fails, patients should consult a trained medical negligence lawyer to see if there are sufficient grounds for a compensation claim.

This duty of care applies to the medical professional in all specialties or health care fields - dentistry, midwifery, medical, alternative treatments etc.

If you are not a patient of that particular GP or health care professional, then there is no contractual relationship with you and a duty of care does not exist. You are then prevented from bringing a medical negligence claim. Not only this, but where a poor bedside manner is given by a GP this can also constitute negligence - although it may give rise to a complaint to the GP's surgery or local NHS Trusts, for example.

Sadly although the vast majority of medical professionals are highly competent, there are rare occasions when medical treatment is simply negligent. If you have suffered medical negligence then you should not worry about claiming for the compensation you need - not least because the availability of medical negligence compensation is a huge incentive for those responsible for the treatment of you and others to keep to the highest standards.