GP patient record keeping negligence can cause a leak of your personal details and medical documents. Medical record keeping negligence may also be responsible for errors in your treatment and mistakes when making a diagnosis when you are ill. 

GP patient record keeping is a vital tool in every GP clinic and practice. It is how the GP keeps track of your medical history and looks for guidance when making decisions on treatment and medication. 

Record keeping negligence, however, may cause errors and put your health in danger.

The Data Protection Act 2018 seeks to protect your personal data, such as medical records, and your GP should follow all guidelines to prevent access by hackers and accidental leaks. 

It could be GP medical negligence if your GP does not follow good practice in GP patient record keeping. The GP has a duty of care to patients, such as the proper keeping of patient records, and if they breach that duty of care, it could be medical negligence. 

You may have a compensation claim for the effects of the GP negligence on your health today and in the future. When the GP breaches their duty of care and causes you unnecessary suffering, you may have a GP negligence claim for compensation. 

The Medical Negligence Team solicitors can take your No Win No Fee claim and seek compensation for GP patient record keeping negligence.

GP patient record keeping negligence

Table of Content

What is a GP patient record keeping negligence claim?

A GP patient record keeping negligence claim is when you seek compensation if the GP has neglected their duty of care in protecting your data. Your medical records are private to you, and any leak of your patient records could affect your life today and in the future. 

In recent years, hackers have gained access to patient records and leaked them online or used them to scam unsuspecting, vulnerable people. Attacks are on the increase, and the May 2021 ransomware attack on the Irish health executive caused years of cancelled appointments and hospitals to run on paper records only. 

Your GP must follow the strict guidelines of the Data Protection Act 2018 in their clinics. Any breach of data must be reported to the relevant authorities, and patients must be made aware of leaks in their patient records. 

If you suffer when your GP fails in their duty of keeping good patient records and in keeping the patient records safe, you may have a medical negligence compensation claim. It could be a clear example of a GP breach of duty of care to you, the patient. 

A No Win No Fee medical negligence solicitor can make your claim for damages due to the breach of duty of care by the GP in a patient record negligence compensation claim.

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Common claims for GP record keeping negligence

Common claims for GP record keeping negligence range from the GP failing to make patient records secure to the GP not following the 2018 Data Protection Act to the GP allowing others to view your medical records. 

You may suffer medical negligence by a GP not keeping proper patient records. If your medical records are released online, you may suffer embarrassment, problems with employment and in getting standard forms of insurance. 

Common claims for GP record keeping negligence are:

  • Misdiagnosis due to a failure to keep accurate patient records

  • Personal details leaked online due to a breach of 2018 Data Protection Act

  • Patient record keeping error causes mix-ups in patient details
  • GP patient records not kept secure
  • Treatment errors due to incomplete and illegible record keeping
Common claims for GP record keeping negligence

Misdiagnosis due to a failure to keep accurate patient records

A misdiagnosis due to a failure to keep accurate patient records happens all too often and is not an unusual GP record keeping negligence claim.

The GP may not update records regularly or fail to share them with other GPs in the practice. A GP could lose a patient’s records due to negligence and cause a misdiagnosis of the patient’s condition. 

A misdiagnosis due to a failure to keep accurate patient records can happen if:

  • A change in a patient’s medical history is not noted in their records
  • Updates from a hospital consultant are not entered on the system
  • Family medical history is not entered in a patient’s medical records
  • Patient records are not easily accessed
  • A patient’s medication record is not kept up to date

A misdiagnosis may be caused by a failure to keep an accurate patient history, and you may have a claim for medical negligence if it happens due to GP patient record keeping errors.

Personal details leaked online due to a breach of Data Protection Act 2018

If a patient’s details are leaked online due to a breach of the Data Protection Act 2018, they may have a claim for compensation. The Data Protection Act was designed to keep personal records safe, and every GP should follow the Act with patient medical records. 

A breach of the Data Protection Act 2018 can happen if:

  • The GP does not update cyber security protocols
  • The GP allows unauthorised access to patient records
  • GP does not provide staff training
  • Computer hardware goes out of date
  • The GP does not update security software

A leak of personal medical records online can cause many issues, and you may be able to claim for GP patient record keeping negligence.

Patient record keeping error causes mix-ups in patient details

When a patient record keeping error causes a mix-up in patient details, the consequences can be severe for all concerned. 

The GP should not allow errors in patient record keeping and must keep all patients’ medical history records safe. 

When a patient record keeping error causes a mix-up in a patient’s details:

  • A patient’s history may be entered against the wrong name
  • Changes in one patient’s medication may be recorded against another one
  • The GP may retrieve the wrong patient’s records
  • A patient may get a misdiagnosis of their condition
  • The patient may miss appointments and regular checkups

Patient record keeping is vital for both the GP and the patient. You may have a claim for compensation if you suffer when the GP does not have an acceptable record keeping policy.

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GP patient records not kept secure

If the GP patient records are not kept secure, they may be easily accessed by someone else or even leaked to another patient in error. 

GP patient records are not kept secure if:

  • The GP does not update software security
  • Paper files are left open to the public
  • The GP does not have password security on all PCs and laptops
  • GP practice staff do not receive patient record keeping training
  • Patient records are easily accessed online

The GP must take all the necessary steps to ensure patient records are kept secure. To not keep patient records secure may be GP medical negligence.

Treatment errors due to incomplete and illegible record keeping

Treatment errors due to incomplete and illegible record keeping happen regularly in many UK GP practices. If a GP does not regularly update the patient’s records, mistakes can happen when the patient comes in for treatment. 

Treatment errors due to patient record keeping are:

  • The patient put on the wrong medication or too high a dose of medication
  • A missed diagnosis due to test results not being entered on patient records
  • Patient given a misdiagnosis due to errors with patient record keeping
  • Delays in beginning treatment due to test results not being recorded
  • Patient not sent for further testing after errors in record keeping

A GP has a duty to ensure accurate and up-to-date patient record keeping. If they breach their duty of care and do not keep accurate patient records, you could suffer a misdiagnosis or errors in your medication.

Clinical negligence claims can happen if the GP has poor standards of patient record keeping.

Compensation for GP record keeping negligence

You can seek compensation for a GP record keeping negligence in amounts from the low £10,000s to over £10 million in some cases. 

The GP’s failure to keep your medical records up to date and accurate can have many effects on you, and you can claim for those effects today and in the future.

 Claims sometimes see very high awards, such as when a patient becomes very ill due to delays in beginning treatment or suffers unnecessary pain and anxiety due to a missed diagnosis of cancer. 

Compensation for GP record keeping negligence can see awards of:

  • A misdiagnosis of diabetes due to error in patient record keeping – £12,750
  • Missed diagnosis due to patient test results not in records – £23,550
  • Patient put on incorrect medication due to record keeping error – £28,950
  • Failure to refer for cancer testing after a mistake in patient records – £46,500
  • Fertility problems due to errors when updating patient records – £54,250
compensation claim calculator

All amounts are approximate and are only a guide to what is possible in a GP patient record keeping claim. 

Figures can be high in some claims as you or a loved one could need long-term care, and you may face medical bills for life due to mistakes in your treatment after a patient record keeping error. 

You may be able to claim for these care expenses and the medical costs in the future with a GP medical negligence case. 

As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to the medical negligence of the GP’s failure in keeping accurate patient records.

A No Win No Fee medical negligence solicitor will be the one to advise you on a GP medical negligence claim. They will know from experience what your case may be worth and how to make a successful claim for compensation when the GP makes an error when keeping your medical records.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of negligence we will send a letter of claim to the negligent party outlining your compensation claim.

Who is eligible for compensation in a GP patient record keeping claim?

The patient who suffers ill health, a misdiagnosis of cancer or is put on the incorrect medication due to poor GP record keeping may be eligible to claim compensation. 

The medical negligence has caused stress and anxiety and could delay the beginning of vital treatment for a patient. If the GP had proper standards of record keeping, they may not have made the error when treating a patient. 

The patient can claim compensation for the effects of the GP negligence on their life by poor patient record keeping. 

You, the patient, are the one to suffer the pain, illness, constant nausea and other symptoms due to a cancer misdiagnosis or medication errors coming from patient record keeping negligence. The clear medical negligence could lead to complications for life and years of unnecessary suffering. 

GP medical negligence, such as poor record keeping, may lead to psychological trauma, unnecessary pain and delays in beginning treatment. Medical negligence often has very severe consequences, and if a patient passes away due to medical negligence, the ones left behind may have a compensation claim. 

Loved ones in a medical negligence case are known as ‘dependents’ and can be:

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

A No Win No Fee medical negligence solicitor can help make the case for compensation if you suffer the effects of GP record keeping negligence.

What can you claim for in GP record keeping negligence?

You can claim compensation for any damages that occurred when you sue in a GP record keeping negligence case. 

There are two types of compensation damages due when suing for any type of medical negligence, such as GP failure to keep proper records when you are ill:

General Damages in a GP patient record keeping claim are when you sue for the pain, suffering and loss of amenity, PSLA, you have experienced due to a misdiagnosis, missed diagnosis or other form of GP negligence. 

  • Pain is that above what is normally expected for your condition, made worse by the GP failure to record a course of recommended medication in your records.
  • Suffering is the inconvenience and changes to your life after an illness due to errors with your treatment in a GP patient record keeping error.
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping.

Special Damages in a GP patient record keeping negligence claim can include loss of earnings, future care costs, and out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future. 
  • Future care costs are for any care you will need as a result of the GP negligence, causing your condition to worsen. 
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals. 

Be sure to keep payslips, receipts, and proof of any losses you experience due to the medical negligence of a GP’s failure to record the results of tests, further medical opinion, or treatments in your medical records.  

You deserve compensation to cover all losses, including loss of life for dependents, medical costs, and long-term care needs. 

When you or a loved one experiences unnecessary suffering due to the GP patient record keeping negligence, such as that caused by entering incorrect patient details, you can make a claim for medical negligence compensation.

two types of compensation damages

Why is GP record keeping so important?

GP record keeping is so important as it is a vital tool in keeping track of a patient’s medical history over time. The GP sees many patients, and the only way to track changes in their health, medication and other relevant information is to keep accurate medical records. 

GP patient record keeping is important for:

  • Recording the patient’s medical history
  • Noticing changes in a patient over time
  • Recording a regular complaint, which may point to a developing condition
  • Keeping track of vaccinations
  • Storing relevant family history
  • Having an up-to-date overview of a patient
  • The NHS hospital to access if necessary
  • Transferring to another GP practice if a patient moves
  • Keeping track of all medications and any changes to dose

GP record keeping is vital for making an informed diagnosis of a patient and to see if there have been changes in their medical history over time. 

If you suffer due to an error in GP record keeping, you may have a compensation claim for medical negligence.

GP record keeping

Requirements for GP patient record keeping

GP patient record keeping requirements are essential for safe access by staff but also in keeping the records safe and secure and not open to hacking. 

The NHS publishes a Record Management Code of Practice which helps the GP to know what to record and how to store records securely on their computer system. A GP may keep patient records for many years, sometimes for life, and the private and sensitive information must be kept safe. 

Requirements for GP patient record keeping are:

  • Designated member of staff responsible for record keeping
  • All staff undergo training in patient record keeping
  • Patient medical records should not be kept after a recommended time
  • Patient records must be disposed of correctly
  • Patient records are stored securely
  • All updates to patient records must be entered promptly
  • Access to patient records must be restricted to relevant staff
  • Patient medical records must be password-protected
  • Any breach of patient medical records must be reported immediately

Your GP must follow all requirements for patient medical record keeping. Any breaches of patient records, no matter how minor, must be reported and recorded by a senior member of staff.

Are you eligible for compensation?

If you want to obtain compensation for the negligence you have suffered, we have a simple 3 step process to make sure you get the money you deserve

  • Take our online assessment & speak with our team

  • Our team of doctors and lawyers will undertake a full medical review based on your medical notes

  • We will send a legal letter of claim and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

Who can be responsible for record keeping negligence?

Any NHS medical professional can be responsible for record keeping negligence, not just your GP. If you suffer due to another medical professional’s failure when keeping your medical records, you may have a claim for medical negligence. 

Trained medical professionals have a duty of care to you when you are ill; a breach of that duty of care, such as an error in patient record keeping, may be medical negligence. 

The medical professional who can be responsible for record keeping negligence may be:

  • A hospital consultant who fails to record your medical treatment
  • The doctor who is negligent when doing a patient’s records on the wards
  • The A&E doctor who fails to record your details when admitting you
  • The NHS when they do not store patient medical records securely
  • The NHS, when there is a data breach due to errors in patient record keeping
  • The GP who forwards a patient’s medical records to the wrong email address

Patient record keeping is vital when they are ill and also crucial in preventing a condition from developing in the first place. Every medical professional must enter all relevant information in a patient’s medical history and note any changes.

The NHS must keep patient records safe and follow strict guidelines for data protection. NHS staff must be fully trained and supervised in keeping patient records, and all breaches must be reported immediately.

If you suffer medical negligence due to poor patient record keeping, you may claim against the NHS Trust or hospital that employed the medical professional responsible.

Every medical professional owes you a duty of care when you are a hospital or GP clinic patient. You may suffer medical negligence when they breach that duty of care and do not provide you with a professional service.

Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into your patient record keeping, the doctor, surgeon, GP, or paramedic made errors, which is clear medical negligence. 

The medical professional could be responsible for causing you unnecessary suffering, and the financial and emotional effects could be with you for life.

You can claim compensation for the patient record keeping negligence and get help in getting your life and that of any dependents back on track.

GP Negligence

GP negligence is treatment below an acceptable standard by your doctor. Your GP owes you a duty of care as their patient, and when they breach that duty of care to you, you could suffer GP negligence. 

GP negligence is a form of medical negligence. It is medical treatment by your GP below a level no other GP would provide in similar circumstances. 

GP negligence in record keeping can be:

  • A failure to enter changes in medication
  • A failure to record the result of blood tests
  • Errors in recording the symptoms of a condition
  • A failure to store information securely
  • A failure to record hospital details
  • Allowing unauthorised access to medical records
  • A failure to record a diagnosis of a condition

You may have a GP negligence claim if the GP makes errors in keeping your medical records. The errors in record keeping, such as not entering blood test results, could delay treatment or cause a misdiagnosis of your condition. 

Any GP negligence could make your condition worse and could put your life at risk. A GP medical negligence claim can help get you the compensation you deserve for the suffering today and in the future.

claim for GP negligence

How to make a medical negligence claim for compensation

The steps involved in making a claim for GP negligence go from seeking medical advice to issuing court proceedings when you suffer the effects of a missed diagnosis of cancer or the GP fails to refer you for further testing due to patient record keeping errors. 

The steps are a part of any successful compensation case, and settlement can happen at any stage in the process. 

Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.

Seek medical advice on the effects of the GP medical negligence and any unnecessary suffering you experience as soon as you realise you may be a victim of poor medical care by your GP.

Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at the case, see where the problem lies, and advise if you have a claim for medical negligence. 

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim. 

You or a loved one suffered medical negligence, and you should get all the money due for the GP negligence of a failure to refer you for testing or further treatment.

Your medical negligence solicitor obtains the medical records with your permission. By reading the records, they will confirm if they think you have a valid claim for GP negligence due to their failure in patient record keeping. 

The medical negligence team will know from your medical records if the case will result in compensation being paid.

The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the medical negligence in what is known as ‘sending a letter of claim.’ 

When the negligent party receives the letter of claim, it has up to four months to provide a written response.

Getting a response from the negligent party’s insurer will move the compensation claim closer to a conclusion. 

The insurer will either admit to the claim of GP negligence or say they intend to defend the case. Deciding to defend the claim is known as ‘deny liability’ in legal terms.

If they admit liability, your medical negligence claim can be valued, and the two parties will meet to decide on the compensation payment. 

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve for any medical negligence by your GP.

Issuing court proceedings is the next step if they deny liability in your claim for GP negligence. 

Going to court happens, too, when they are not prepared to pay a fair amount for the damages you or your loved ones suffered. Your medical negligence solicitor issues the court proceedings. 

Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.

making a medical negligence claim

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of negligence we will send a letter of claim to the negligent party outlining your compensation claim.

How long do I have to make a claim for medical negligence?

You have three years to make a claim for medical negligence. All medical negligence claims are subject to limitation periods. 

For example, in England and Wales, GP medical negligence cases must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the claim. 

If someone has passed away, it is the date of death if the limitation period has not expired by that time. 

Children not under a disability typically have until they reach 21 to start a medical negligence claim or court proceedings. 

Persons with a disability, who lack capacity, are not subject to any limitation period.

Using a No Win No Fee medical negligence solicitor

Using a No Win No Fee medical negligence solicitor is the only way to a successful compensation claim for GP negligence. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win. 

The medical negligence solicitor will have experience dealing with the NHS and insurance companies when handling negligence in patient record keeping. They will know how to run your compensation claim if you suffer GP negligence and how to make it a successful compensation claim. 

Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees. 

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor. 

You are the one who experienced the GP negligence, and you deserve the compensation to get your life back to normal.

Using a No Win No Fee solicitor

Contact The Medical Negligence Team

Contact the Medical Negligence Team today to discuss your claim for GP negligence in your patient record keeping. If you suffered from a treatment error or were put on the wrong medication due to a GP’s failure in record keeping, you may be able to claim compensation. 

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis and you will not be out of pocket for an unsuccessful claim. We have both the legal and medical experts to guide you along the steps to a successful claim for compensation. 

We have a very high success rate and a reputation for a speedy and successful resolution to any GP negligence claims. 

Our 100% Compensation Guarantee puts all the money you win into your pocket. You may have a compensation claim if you experience medical negligence due to GP patient record keeping errors. 

Contact us at the Medical Negligence Team, and let us handle your claim for GP negligence compensation.

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