Are There Different Types Of GP Negligence Claims?

GP NEGLIGENCE

While each compensation claim can have its own unique qualities and considerations, it can be possible to group the majority of claims into four broad categories. These four categories are:

Contributory Negligence: in cases of contributory negligence, it is decided that the patient’s own action or inaction was a contributing factor to their health concerns. If for instance, a GP prescribed medicine but the patient failed to administer, the patient will be deemed responsible. As such, no compensation is likely to be awarded.

Vicarious Liability: vicarious liability claims refer to a situation in which you choose to make claims against the organization responsible for employing and managing the defendant. Their management of the medical practitioner may be seen as at fault. For instance, GP claims against the NHS can be categorized as vicarious liability claims.

Comparative Negligence: when a patient is also liable for the damages they suffered, this is referred to as comparative negligence. In such cases, the patient is also responsible but the GP is not exonerated. Typically, a court ruling will determine the balance of liability between the parties and compensation claims will be settled in accordance with this ruling.

Gross Negligence: the most serious of the four categories in matters concerning medical professionals. Given the fact that doctors, GPs, and other medical staff have a duty to prioritize their patients’ health, cases of gross negligence involve the defendant disregarding this completely. In addition to compensation claims, all gross negligence cases are typically taken to court and guilty parties will have their medical licenses revoked.

Depending on the circumstances of your particular case, our experts will be able to tell you if your claim matches closely with any of the main four categories when dealing with cases of GP negligence.


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