Common GP Negligence Claims
How the Bolam Standard Applies to GPs
A GP is not negligent simply because they made a wrong diagnosis — medicine involves uncertainty, and reasonable GPs can reach different conclusions from the same symptoms. The Bolam test asks whether the GP's conduct was in accordance with a responsible body of general practice opinion. However:
- Under Bolitho [1998], the court will reject a body of medical opinion that is not logically defensible — so a GP who departed from NICE Guidelines or RCGP guidance without good reason is in a difficult position
- NICE guidelines and RCGP clinical guidance set the contemporary standard — a GP who missed a "red flag" symptom that NICE guidance requires urgent referral for will face strong expert evidence that the Bolam standard was not met
- Causation is often the harder question: a delayed cancer referral claim requires evidence that, if referred earlier, the claimant would have been treated and their prognosis would have been materially better
Frequently Asked Questions
My GP made a wrong diagnosis — is that automatically negligence?
Not automatically. The Bolam test asks whether a responsible body of GPs would have reached the same diagnosis on the same presentation. Medicine is uncertain, and symptoms can be consistent with multiple conditions. The question is whether the GP conducted an adequate history, examination, and investigation, and whether — given all the information available — the failure to diagnose was within the range of reasonable practice. If the symptoms were classic "red flag" indicators that NICE guidance required urgent action on, and the GP ignored them, there is a stronger basis for a claim.
Claims against GPs — are these handled by NHS Resolution?
GP practices are independent contractors, not NHS employees. Claims against GPs are handled differently from hospital trust claims — GPs typically hold their own defence membership with a medical defence organisation (MDU, MPS, or MDDUS) or (since 2019) may be covered by the NHS GP Indemnity Scheme. Claims are typically sent to the GP practice (and their defence organisation). A specialist solicitor identifies the correct defendant and insurer at the outset of the claim.
Can I claim if I complained to the GP surgery and they denied any fault?
Yes. A GP surgery's response to a complaint under the NHS complaints procedure is not determinative of legal liability. The NHS complaints process is an internal, non-judicial process with no legal authority to determine negligence. It can be useful to obtain the GP's explanation of their decision-making — but a denial of fault in the complaints response does not prevent a civil claim. A solicitor commissions an independent GP expert who is not employed by or associated with the practice to review the records and form an objective opinion.
How important is causation in delayed diagnosis claims?
Causation is frequently the most difficult aspect of a delayed diagnosis claim. Even where the GP's failure to refer is established, the claimant must show that earlier referral would have led to a materially better outcome — that at an earlier stage, the cancer (or other condition) was more treatable or curable. An oncologist or specialist expert assesses the staging of the cancer at the time of missed referral compared with actual diagnosis, and advises on the treatment and prognosis the claimant would have had with earlier diagnosis. This evidence is the core of the causation case.
Can I access my GP records to assess whether I have a claim?
Yes. Under the UK GDPR, you are entitled to request access to all your medical records including GP records. GPs must respond within one month. A solicitor sends the request on your behalf to ensure completeness — including electronic records, consultation notes, clinical codes, referral letters sent and received, test results, and any correspondence with specialists. Solicitors also request the "read codes" used in the clinical system — these often reveal the full clinical picture more clearly than the narrative notes alone.