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JimLawyer
JimLawyer, Solicitor
Category: Scots Law
Satisfied Customers: 14731
Experience:  Senior Associate Solicitor
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I would like to ask you if I can sue my gp practice for

Customer Question

Hi!I would like to ask you if I can sue my gp practice for giving me false information regards ***** ***** situation. As it turns out it might be life threatening
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: nothing yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: its all for now
Submitted: 6 days ago.
Category: Scots Law
Expert:  JimLawyer replied 6 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 6 days ago.

You can do, for a misdiagnosis, if this has led to an injury whether physical or psychological (or both).

To sue a GP for medical negligence, you would need a law firm to act for you - as they are very complex cases.
At this stage I recommend you make a complaint to the GP surgery. You can do that via this site:

https://www.nhsinform.scot/care-support-and-rights/health-rights/feedback-and-complaints/complain-about-a-gp-pharmacy-dentist-or-hospital-in-scotland

If dissatisfied with the outcome of the NHS complaint, you can then appeal to the Scottish Public Services Ombudsman here: https://www.spso.org.uk

The Ombudsman is free to use, quicker than court action and they can make a decision which the GP is bound by - which can include payment of compensation.

If you wanted to consider suing for compensation, assuming the Ombudsman does not make a decision in your favour, you would need a law firm as I mentioned earlier. Here are a few examples of law firms you could consider :
1. https://www.livbrown.co.uk/personal-injury/medical-negligence
2. https://www.digbybrown.co.uk/clinical-negligence
3. https://www.patientclaimline.com/nationwide-coverage/scotland/

Expert:  JimLawyer replied 6 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 6 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 6 days ago.
Well, the short version of the story is that I had a few moles removed from my back 3 weeks ago. And I was told to contact my go after two weeks for results. So I phoned them and they said that results came back fine and there’s no further action required. I was over the moon to hear such a good news. But today I had a phone call from the actual dermatologist and she confirmed that I’ve got a skin cancer. She was surprised when I told her that gp practice already told me that I’m all good. Am totally in shock right now
Expert:  JimLawyer replied 6 days ago.

Thanks and I am sorry to hear that. Some GP's do make mistakes - there is a remedy available to you though I would say the Ombudsman will agree with you given the facts.

Customer: replied 6 days ago.
I’m not sure what do you mean?
Expert:  JimLawyer replied 6 days ago.

The Ombudsman scheme can be used if your GP does not uphold your complaint. I said I believe the Ombudsman would agree with you and uphold your complaint.
If you have a read of the answer I set out above, it gives you details of how to escalate this.

Customer: replied 6 days ago.
Ok, so first of all I should make a complaint via that nhs link you sent to me, and if that doesn’t work I can talk to ombudsman. Is that correct?
Expert:  JimLawyer replied 6 days ago.

Yes, if the GP practice does not uphold your complaint, you can at that stage go to the Ombudsman.
You can also consider a medical negligence claim - I listed a few law firms who specialise in this area.

Customer: replied 6 days ago.
Thank you. I would definitely like to get some moral compensation for this. I think it is highly unprofessional from their side
Expert:  JimLawyer replied 6 days ago.

Thanks, ***** ***** luck with it and let me know if you need me to clarify anything for you.

Customer: replied 6 days ago.
Ok. Thank you for your advise. Have a good day
Expert:  JimLawyer replied 6 days ago.

Many thanks, ***** *****