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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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GP Negligence Claims

England & WalesLast reviewed 18 September 2026

A GP negligence claim requires proof that the GP's assessment, referral or advice fell below the standard of a reasonably competent GP, and that this caused you harm. GPs see undifferentiated symptoms, so a missed diagnosis is only negligent if a reasonable GP would have acted differently.

What a Reasonable GP Would Do

Direct Answer: A reasonable GP takes a proper history, examines appropriately, orders reasonable tests, refers when red-flag features appear and gives clear safety-netting advice on when to return.

Because GPs see many patients with vague symptoms of usually benign conditions, courts recognise that not every missed diagnosis is negligent. The question is whether, on what the GP knew or should have found out, no reasonable GP would have failed to refer or investigate. NICE guidance, including the suspected cancer guideline NG12, is used by experts as a benchmark.

Who Pays

GP practices are independent contractors rather than NHS employees. For NHS work, GP claims arising from incidents from 1 April 2019 are covered by NHS Resolution's Clinical Negligence Scheme for General Practice, and earlier incidents by the GP's medical defence organisation. Private GP work is separately insured.

Complaint or Claim?

A complaint to the practice, the integrated care board or the Parliamentary and Health Service Ombudsman investigates what went wrong and can lead to an apology, but does not award compensation. It has its own deadlines, and does not stop the limitation clock for a claim, so consider taking legal advice in parallel.

Frequently Asked Questions

Can I sue my GP for a missed diagnosis?

You can bring a claim if a reasonable GP would have diagnosed, referred or investigated and you suffered avoidable harm because they did not. Many missed diagnoses are not negligent, so an independent expert opinion is needed.

What is safety-netting?

It is advice about which symptoms should make you come back or seek urgent help. Failing to give clear advice can be part of a negligence claim where a serious condition then progressed.

Who pays if a GP is negligent?

For NHS work since 1 April 2019, the Clinical Negligence Scheme for General Practice run by NHS Resolution; earlier claims are usually with the GP's medical defence organisation. Private work is insured separately.

Does making an NHS complaint stop the time limit?

No. A complaint does not stop the limitation clock for a legal claim, so consider advice on limitation as early as you can.

How long do I have to bring a GP negligence claim?

Generally three years from the date of the negligent act or, if later, your date of knowledge: when you first knew the injury was significant and connected to the care you received. The clock works differently for children, who usually have until three years after their 18th birthday, and for people who lack mental capacity. A court has a limited discretion to allow late claims, but you should not rely on it.

Can I bring a clinical negligence claim on a no win no fee basis?

Usually, if a solicitor thinks the claim has reasonable prospects, because legal aid is not generally available for clinical negligence. Expert reports are a large cost, so many claimants also take out after-the-event insurance. Ask your solicitor how disbursements are covered, and how QOCS protects you from the other side's costs if you lose.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  7. NHS Resolution — Clinical Negligence Scheme for General Practice

    State-backed indemnity for GPs and practice staff for NHS work, in place from 1 April 2019.

  8. NICE NG12 — Suspected cancer: recognition and referral

    Sets out the symptoms and findings that should prompt referral for suspected cancer. Guidance is evidence of good practice, not a binding legal test.

  9. NHS Resolution

    Handles clinical negligence claims against NHS trusts in England under the Clinical Negligence Scheme for Trusts.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.