The General Medical Council (GMC) provides a set of standards which a GP must follow, outlining what a patient can expect from their GP. If a GP does not meet these standards, they are at risk of their membership to GMC being revoked. A patient may also be able to claim compensation from their GP if they have suffered as a result of substandard care and treatment.

 The key duties that must be demonstrated by a GP are:

•  Putting the needs of the patient first
• ·         Providing a good level of care
• ·         Treating patients on an individual basis and with dignity
• ·         Acting quickly if they believe the patient’s health is at risk
• ·         Working collaboratively with patients and colleagues
• ·         Acting with integrity and honesty

The National Institute for Clinical Excellence (NICE) has also set out guidelines to assist GPs when treating patients and arranging referrals. If these guidelines are not followed, negligent treatment or misdiagnosis can result.

Yes. A patient has a right to request access to their medical records under the Access to Health Records Act 1990, Data Protection Act (DPA 2018) and the EU General Data Protection Regulation (GDPR 2018).

The patient can request access themselves (if they have capacity) or authorise a third party (such as a solicitor) to make the request on their behalf. It is known as a Subject Access Request (SAR). 

The GDPR 2018 provides that such records should be provided within 30 days and that no fee is payable.

Yes. Personal Representatives and anyone who may have a claim in relation to a patient’s death have a right to request access to the deceased’s records. You would need to provide evidence in support of your request, such as a Grant of Probate or Letters of Administration. Requests should be made to Primary Care Support England (PCSE).  It is unlikely that the deceased’s usual GP Surgery will continue to hold their records after their death.

A gynaecology claim can be very distressing and we are here to help.

Healthcare professionals must be able to detect early warning signs of cervical or gynaecological cancer. Examples of possible negligence claims include, failing to:

• Recognise abnormal cells from a cervical smear test
• Detect and treat dyskariosis prior to it developing into cervical cancer
• Promptly react to symptoms, for example inter-menstrual and post-coital bleeding
• Refer patients for appropriate smear tests.

Other common examples of potential gynaecology claims include:

• Use of the incorrect embryos during IVF treatment
• Failure by the surgeon to recognise damage to the bladder or bowel during hysterectomy surgery
• An instrument negligently being left inside a patient following a caesarean section. 

If sub-standard treatment is received during pregnancy, due to the actions or inactions of a midwife, it may be possible to bring a claim against the hospital employing the midwife or the individual midwife.

Some common examples of midwife negligence claims involve the following conditions:

• Ectopic pregnancy – i.e. those which take place outside the womb (most commonly in the fallopian tube). They are always terminal for the baby.
• Maternal diabetes – this condition must be recognised and treated quickly to prevent potential serious damage, including miscarriages or birth defects (such as damage to the baby’s heart or brain).
• Erb’s Palsy – i.e. serious nerve damage caused when a baby’s shoulders get stuck during birth. This can lead to long-term disabilities for the baby.
• Cerebral Palsy – i.e. a baby suffers a brain injury (either due to lack of oxygen, infection or through a head injury) during birth. This results in disabilities associated with movement control and intellectual capability. 
• Congenital Hip Dysplasia – i.e. the baby’s hip joint develops in a way that results in the thigh bone becoming unsecure in its socket.

Midwives are usually responsible for care for 10 – 28 days after birth. If the baby is healthy, care is normally provided for 10 – 14 days. Midwifes now work within a variety of locations, including within hospitals, GP surgeries and can also make home visits. 

Although many operations are performed successfully, mistakes can occur. Common examples of negligence associated with hip surgery include:

• Incorrectly aligned implants – usually involving a component being placed at the wrong angle. This can result in excessive wear of the hip device which could become loose or dislocated
• Incorrectly sized implants – this can lead to problems with stability
• Defective implants – if this is due to poor design, the claim may be against the manufacturer
• Nerve damage – the femoral nerve (and others) are at risk of damage during surgical procedures
• Pre-operative planning – surgeons can and should be preparing thoroughly prior to any hip surgery. Many hip surgeries are unsuccessful due to poor planning.  

Knee surgery involves bone and cartilage being removed from the patient’s knee and being substituted with organic or man-made components.

Although many operations are performed successfully, mistakes can occur. Common examples of negligence associated with knee replacement surgery include:

• ·        Use of the incorrect component
• Nerve injury – nerves above and below the knee are vulnerable to injury during surgery. The peroneal nerve is especially vulnerable and damage to this nerve can lead to continuous pain and mobility loss.  
• Vein or artery damage – if not noticed, this can have extremely serious consequences
• Infection 

In most cases, you will receive excellent advice from solicitors practicing Clinical Negligence. However, if you believe you have received inappropriate advice or are concerned about your ongoing claim and how it is currently being dealt with, we can assist. Our Clinical Negligence solicitors at Tees are professional, friendly and helpful with expertise in both Clinical Negligence and Professional Negligence claims.

We will review your case thoroughly and work closely with you to ensure that your claim is pursued appropriately or (if you have suffered loss) we may be able to bring a claim against your previous solicitor for negligence.

The most common reason for removal of the gallbladder is because the patient has painful gallstones which have been a persistent problem and cannot be treated via a different method.

It is possible that some patients may find that gallstones do not cause any symptoms. However, occasionally the presence of gallstones can stop the flow of bile which causes significant pain for the patient (in the upper abdomen region). The severity of the pain may mean that surgery is necessary. It is also possible that some patients may be at risk of jaundice.