GP Negligence Claims
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In Ireland, about 2,500 general practitioners play a vital role in our healthcare system. Your GP is usually your first stop when you have a health issue. They act as both your family doctor and an important part of your medical care.
GPs deal with a wide range of medical problems and are responsible for referring you to specialists or hospitals when necessary. However, they have a duty to maintain a high standard of care to achieve the best possible result when attending to you. When GP negligence occurs, the affected individual may be able to bring a GP negligence claim.
If you think your health has been affected by negligent actions of your GP, or you have been a victim of GP negligence, contact our experienced medical negligence solicitors to discuss your case.
Call 01-6144565 today for expert advice on the next steps.
What Constitutes GP Negligence?
To make a valid claim for GP medical negligence, you need to prove that your GP didn’t provide the proper care when diagnosing your symptoms and that you suffered injury as a result of their breach of their duty of care. You also need to show that if you had been referred to a specialist, they would have correctly identified and treated your condition. In addition, you must demonstrate that your health worsened because your GP didn’t make that referral.
Due to the complicated nature of GP negligence claims, the Injuries Board Ireland usually doesn’t handle them. That’s why you need a dedicated medical negligence solicitor to bring a claim on your behalf.
Your solicitor will start by obtaining your medical notes and records, which a medical expert will review. This expert will determine whether your GP was justified in not referring you to a specialist and if a specialist would have identified what your GP missed.
The GP Negligence Claim Process
If you suspect that your GP’s actions have negatively impacted your health, you may start a compensation claim. Pursuing a negligence claim can help you seek justice and compensation. Here’s how the process works:
Medical Evaluation
The first step involves a thorough evaluation by an independent medical expert to assess the result of GP negligence on your health. If there’s evidence of a significant deterioration or a preventable permanent condition induced by the wrong medication, the independent medical expert will recommend proceeding with a negligence claim.
Initiating the Medical Negligence Claim
Your solicitor will draft a Letter of Claim to your GP, outlining the details of your case and inviting a response. Proceedings are drafted based on the content of your independent medical report and your notes and records. These proceedings are stamped and filed in the Courts office and served on the Defendants. In clear cases of negligence, your GP may be asked to consider an early settlement offer. The GP typically forwards this letter to their medical insurer, who will then conduct a separate investigation.
Insurer Investigation
The insurer will examine the details of your claim to determine liability. This process may require revisiting the facts and evidence, but it helps to establish responsibility for your injury. Once the insurer acknowledges negligence, your solicitor will be served with an assessment only Defence. This means the case will move forward as an assessment of damages. To establish the correct damages received by the victim, numerous independent medical experts will be instructed to outline the injuries sustained and the impact of those injurie son the victims life, vocational assessor, nursing expert and actuary may also be instructed to calculate your combined loss.
Calculating Compensation
Each GP negligence case is unique, and the compensation will be tailored to reflect the severity of your injury. Factors such as your age, gender, and health before the incident will influence the amount. Compensation may cover a range of damages, including the impact on your quality of life, any decrease in life expectancy, and financial losses directly related to the negligence.
Proving Negligence
Proving negligence is a key element of your claim, and it requires solid evidence and expert legal guidance. Because these claims can be complex, it’s important to engage with a knowledgeable medical negligence solicitor early in the process.
Statute of Limitations
In Ireland, you typically have two years from the date of the injury or from when you first realised that your injury or illness was due to your GP’s negligence to start your claim.
For children, the rules give a bit more leeway. They have until their 20th birthday to file a claim, which means the two-year clock starts ticking when they turn 18.
If you’re unsure about how these time limits apply to your situation, speak to one of our expert medical negligence solicitors.
Who is Responsible for General Practitioner Negligence?
When something goes wrong with your GP care, the primary responsibility usually falls on the general practitioner. They have a duty to provide a certain standard of care, and if they fail to do so, whether through a misdiagnosis, delayed diagnosis, or incorrect treatment – they can be held accountable for any harm caused.
However, sometimes the responsibility can also extend to the healthcare facility where the GP works. If the clinic or hospital has inadequate resources, poor management, or faulty equipment that contributed to the negligence, they might share some of the blame. This means that in some cases, both the GP and the facility might be involved in a claim.
Compensation for GP Negligence
If you’ve suffered a serious injury as a result of GP negligence, compensation can help cover the impact on your life. Here’s what you may be able to claim:
- Medical Expenses: Any additional treatments you need because of the negligence.
- Lost Income: If your injury forced you to take time off work, you can claim for lost wages and wages into the future if you remain out of work as a result of your injuries.
- Pain and Suffering: Compensation for the physical and emotional distress you’ve experienced.
- Future Care Costs: If you need ongoing medical care or rehab, this can be covered too.
Contact Us to Start a Claim for GP Negligence
If you’ve suffered a medical injury or illness due to GP negligence, our specialist medical negligence solicitors can help you with your claim. When you get in touch with us, we will examine your case and advise you regarding the best way forward.
Our skilled solicitors have extensive experience in GP negligence claims and are dedicated to achieving the best possible outcome in your case. Contact us to start your injury claim today.
Call us today to discuss your options.
If you are dealing with a legal issue, our solicitors will be happy to speak with you about your options You can contact us by phone on 01-6144565 or call to visit us at 149 James’s Street, Dublin 8. Telephone: 01 614 465 Email: info@mks.ie