To proceed with a claim for GP malpractice, you must first determine that clinical malpractice has occurred. Firstly, you must prove that clinical negligence would not have happened if another GP or medical professional treated you.
In many cases, negligence occurs as a result of a breach in their duty of care where they have failed to ensure the health and safety of their patients. If it is found that a GP or a practice has been unable to show a reasonable level of duty of care and patients have been affected by this, they may be found liable in any claims made for negligence.
To successfully win a clinical negligence case, it must be proved your GP was negligent. The relevant standard of care owed to you was below the reasonable standard of care and skill practised. The court may decide that a GP is negligent if the specialist follows the general and accepted practice among healthcare professionals, but there are inherent defects which would be evident to a specialist in their area.
The court may also decide that if a GP is negligent if they depart from a general and approved practice.