GP Negligence Compensation Claims

GPs support patients with a very broad range of illnesses and medical concerns. They are trained to assess many conditions, yet they may not have specialist knowledge in every area. When a problem requires specialist input, a GP should refer you promptly and ensure that your care is progressed safely.

Most GPs provide a high standard of care. However, mistakes can happen, and when GP care falls below an acceptable standard, the consequences can be serious. If you have been harmed because a GP did not diagnose, treat, refer, or follow up appropriately, you may have grounds to pursue a compensation claim.

Bringing a claim for GP Negligence

At McCarthy + Co Solicitors LLP, our team has over 30 years of experience helping individuals who have received substandard medical care to seek fair compensation. Our medical negligence team is led by John McCarthy, who has assisted many individuals and families across Ireland in bringing claims following substandard GP care.

A GP negligence claim can arise in many different situations. Below are some common scenarios where you may be able to bring a claim.

• Failure to diagnose your medical condition properly – or a delayed diagnosis that caused avoidable harm.
• Delayed access to an appointment – where you were not seen quickly enough, resulting in a significant worsening of your condition.
• Failure to arrange appropriate tests – to accurately diagnose your condition, or to monitor symptoms appropriately.
• Incorrect medication or treatment – such as the wrong prescription, the wrong dosage, or an unsuitable course of treatment.
• Failure to recognise serious symptoms – where earlier diagnosis may have improved your outcome, prevented deterioration, or reduced long-term impact on your quality of life.
• Failure to refer to a specialist – when specialist assessment, investigation, or treatment was needed.
• Failure to attend a home visit – where a home visit was required, and the lack of assessment caused harm.
• Poor record keeping – including incomplete, inaccurate, or missing records that affected your diagnosis, treatment, or follow-up.

There may be other valid circumstances where it is possible to bring a claim. If you are unsure whether your experience meets the legal threshold for negligence, we can help you understand your options.

What the data shows

Most patients never have cause to question their GP’s care. Where claims do arise, research shows clear and consistent patterns in what has gone wrong. The most detailed picture comes from Medical Protection, one of the main indemnifiers of general practitioners in Ireland, which reviewed more than 2,000 GP cases between 2017 and 2020 in its report Learning from Cases: Insight into the Claims Landscape for General Practitioners in Ireland.

Source: Medical Protection, “Learning from Cases: Insight into the Claims Landscape for General Practitioners in Ireland” (2021), analysing more than 2,000 GP cases from 2017 to 2020.

A delayed cancer diagnosis is by far the largest single category, accounting for one in four claims against Irish GPs. Nearly half of those claims related to female cancers, namely breast, cervical, and endometrial. Breast cancer was the most frequently involved cancer overall, followed by prostate, lung, pancreatic, and malignant melanoma.

These findings reflect wider research into primary care. A review led by Dr Emma Wallace of the RCSI HRB Centre for Primary Care Research, published in BMJ Open, found that a failure or delay in diagnosis is the most common source of malpractice claims in general practice. In adults, cancer and heart attacks are the conditions most often missed, while in children the concern centres on meningitis and cancer. Prescribing errors are the second most common basis for a claim.

The same research found that the majority of such claims are successfully defended. That is an important reason to have your case assessed carefully before you proceed. Establishing both that care fell below the standard of a reasonable GP and that this failing caused your injury requires detailed and independent medical evidence, and a realistic view of the merits from the outset.

Speak to a solicitor in confidence

If you believe you have been harmed by substandard GP care, you can arrange a consultation with one of our experienced solicitors. Simply complete our quick and confidential online form, and a member of our support team will be in touch.