This guide explains what GP negligence involves, the most common types of GP failure that give rise to claims, what you need to prove, and how the process works.
What is GP negligence?
Short answer
GP negligence is a form of medical negligence that arises in primary care — GP surgeries, out-of-hours services, and walk-in centres — when a GP's care falls below the standard a reasonably competent GP would have provided and that failure causes harm to the patient.
The standard is not perfection. GPs work under significant time pressure, see patients with a wide range of undifferentiated symptoms, and exercise clinical judgment that other reasonable GPs might exercise differently. The legal test — the Bolam test — asks whether the GP's conduct was acceptable to a responsible body of GPs, not whether a different GP would have done things differently.
However, when a GP fails to recognise and investigate red-flag symptoms, fails to refer in circumstances where a responsible body of GPs would have referred, fails to follow up test results, or makes a prescribing error that causes harm, a claim may succeed.
Browse claims in this category
What are the most common types of GP negligence?
Failure to refer to a specialist
GPs are the gatekeepers of specialist care. When a patient presents with symptoms that should trigger a referral — under NICE guidance, NHS two-week wait criteria, or general clinical practice — a failure to refer can allow a serious condition to worsen untreated. The most common referral failures involve cancer (failure to refer under the urgent two-week wait pathway for suspected cancer), serious orthopaedic injury, neurological symptoms, and cardiac conditions.
Missed or delayed diagnosis
A GP who fails to diagnose a condition — or who takes significantly longer than a competent GP would to reach the correct diagnosis — may be negligent if the delay causes harm. Common missed diagnoses in GP negligence claims include cancer, pulmonary embolism, meningitis, appendicitis, and sepsis.
Failure to investigate symptoms
Red flag symptoms should trigger investigation. A GP who repeatedly notes a symptom — unexplained weight loss, rectal bleeding, persistent cough, change in bowel habit — without arranging appropriate investigations may be falling below the required standard.
Failure to follow up test results
Ordering a blood test or scan and then failing to review the results, or failing to contact the patient when results are abnormal, is a common source of GP negligence claims. Test results that indicate possible malignancy, infection, or metabolic disorder require timely action.
Prescription and medication errors
GPs prescribe medications across every clinical specialty. A GP who prescribes the wrong medication, the wrong dose, or fails to check for dangerous interactions or contraindications, causing harm, may be liable in negligence.
Failure to obtain informed consent
Under the Montgomery standard (Montgomery v Lanarkshire Health Board [2015]), a clinician — including a GP — must ensure a patient is aware of any material risk involved in treatment or a procedure, and must discuss reasonable alternatives. Failure to do so, where it causes harm, can give rise to a claim.
Delayed referral to mental health services
Where a patient presents with symptoms of serious mental illness or expresses suicidal ideation, and the GP fails to refer appropriately or to put safeguarding measures in place, and harm results, a claim may be available.
Out-of-hours GP negligence
Out-of-hours GP services carry the same duty of care as in-hours GP care. Failures by out-of-hours providers — including telephone triage failures and inappropriate home visit assessments — can give rise to claims.
The standard of care applied to GPs
The Bolam test applies: a GP is not negligent if their conduct was in line with a practice accepted as proper by a responsible body of GPs. However, a court can reject a practice that cannot withstand logical analysis (Bolitho).
In assessing GP negligence, courts and experts also consider:
- NICE guidelines and clinical pathways in force at the time
- NHS two-week wait referral criteria for suspected cancer
- Royal College of General Practitioners guidance
- Evidence-based medicine available at the time of the consultation
Departure from NICE guidelines does not automatically amount to negligence, but it is a significant factor in the assessment.
What do you need to prove in a GP negligence claim?
You must establish four things:
- Duty of care — your GP owed you a duty to treat you competently. This exists in all GP-patient relationships.
- Breach of duty — the GP's care fell below the standard a reasonably competent GP would have provided. An independent GP expert will assess this by reviewing your records.
- Causation — the GP's failure caused or materially contributed to your harm. This requires showing that earlier or different GP action would have avoided or reduced the harm you suffered.
- Damage — you suffered physical, psychological, or financial harm as a result.
Causation is often the most complex issue in GP negligence claims. In delayed diagnosis cases, you must show that earlier diagnosis would have made a material difference to the outcome — not merely that diagnosis was delayed.
Evidence needed for a GP negligence claim
| Evidence | What it shows |
|---|---|
| Full GP records (all consultations going back to the relevant period) | Symptoms presented, what the GP did, what was recorded, referrals made or not made |
| Out-of-hours records | Same — if out-of-hours care is involved |
| Hospital records | If you were subsequently admitted or treated in hospital as a result of the GP failure |
| Test results (blood tests, imaging) | Whether results were ordered, reviewed, and acted upon |
| Independent GP expert report | Whether the GP's care met the required standard |
| Independent expert on causation | Whether the GP's failure caused or contributed to the harm |
| Evidence of financial loss | Lost earnings, care costs, additional treatment |
How much compensation can you claim for GP negligence?
Compensation depends entirely on the harm caused. It is made up of:
General damages: compensation for pain, suffering, and loss of amenity. Assessed by reference to the Judicial College Guidelines. A minor delay causing limited additional harm may result in a modest award. A failure to diagnose cancer that significantly worsened prognosis, or a prescribing error causing serious harm, can result in awards of hundreds of thousands of pounds.
Special damages: financial losses caused by the GP's failure — lost earnings, care costs, medical treatment, and future losses where applicable.
Every case is assessed on its own facts. A specialist solicitor will advise on the likely value once the expert evidence has been reviewed.
What is the time limit for a GP negligence claim?
Three years from the date of the GP's failure, or from the date of knowledge — whichever is later.
The date of knowledge is when you knew (or ought reasonably to have known) that the GP's failure caused your harm. In delayed diagnosis cases, this is often the date you received the correct diagnosis and were told of the earlier missed opportunity.
Children have until their 21st birthday. Adults lacking mental capacity are protected while incapacity continues. Where a patient has died, the three-year period runs from the date of death or date of knowledge.
How is a GP negligence claim funded?
Most GP negligence claims are funded on a Conditional Fee Agreement — no win no fee. You pay nothing upfront. If the claim succeeds, a success fee capped at 25% of your past losses and general damages is deducted. Future losses are fully protected. If the claim fails, you pay nothing.
Frequently asked questions
Can I still claim if I no longer see the same GP?
Yes. Your right to claim is not affected by changing GP surgery or by the GP having retired or moved.
Will my new GP be affected if I bring a claim against my old GP?
No. Making a medical negligence claim does not affect your right to NHS primary care.
Can I claim for a failure by an out-of-hours GP service?
Yes. Out-of-hours GP providers owe the same duty of care as in-hours GP services. Claims can be brought against the out-of-hours provider.
What if my GP followed a practice that other GPs also follow?
Following a common practice does not automatically prevent a negligence finding. Under Bolitho, a court can find negligence if a practice cannot withstand logical analysis, even if other GPs would have done the same.
Can I claim if my GP failed to diagnose cancer?
Yes — if the failure fell below the standard of a reasonable GP and the delay caused harm (for example, by allowing the cancer to progress to a later stage). This is one of the most common types of GP negligence claim.
What if I also made a complaint to the GP surgery?
An NHS complaint and a legal claim are separate. Making a complaint does not affect your legal rights or your time limit. Complaint responses and investigation reports may be useful evidence.
Related guides
- Medical negligence claims — complete guide
- Misdiagnosis and delayed-diagnosis claims
- Medication and prescribing-error claims
- Cauda equina negligence claims
- Sepsis negligence claims
- How to prove medical negligence
- Time limits for medical negligence claims
- The claims process explained
Sources & further reading
Primary statute, case law and regulator guidance referenced in this article.
- Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 — Case law
- Bolitho v City and Hackney Health Authority [1997] UKHL 46 — Case law
- Montgomery v Lanarkshire Health Board [2015] UKSC 11 — Case law
- Limitation Act 1980 — UK Legislation
- NICE NG12 — Suspected cancer: recognition and referral — NICE
- GMC — Good Medical Practice — General Medical Council