Your GP's duty of care: what to do when they fail you

What is a GP's duty of care?

A "duty of care" is a legal obligation to act with reasonable skill and care towards someone who could foreseeably be harmed if you don't. Once a GP accepts you onto their list or sees you in an appointment, that duty kicks in automatically. They don't need to sign anything; you don't need to pay anything; it's established in law.

That duty has three sources, and your GP is bound by all of them at once:

• The common law — established in Bolam v Friern (1957) and refined in Bolitho (1997). Your GP must meet the standard of a reasonably competent GP.
• Professional standards — the General Medical Council's Good Medical Practice sets out what every doctor must do, including listening to patients, keeping clear records, and following national guidance.
• NICE guidelines — the National Institute for Health and Care Excellence publishes evidence-based guidance for almost every common condition. A GP doesn't have to follow NICE, but if they depart from it they need a good documented reason.

In practical terms, your GP's duty includes: taking a proper history, examining you when clinically indicated, ordering appropriate tests, referring you on when something is outside their competence, following up on results, and writing all of it down accurately in your medical record.

Signs your GP has breached their duty of care

A breach doesn't mean "the GP was rude" or "the GP got it wrong once". It means the care fell below what a reasonably competent GP would have provided in the same circumstances. Common patterns that often qualify:

• Red-flag symptoms ignored — unexplained weight loss, rectal bleeding, persistent night sweats, lumps, blood in urine, suicidal thoughts. NICE has specific referral pathways for each. A GP who hears the symptom and doesn't refer or investigate is on thin ice.
• No record of what you said — if you raised a symptom and it's not in your notes, the GMC standard has been breached. Records must be "clear, accurate, legible and made at the time the events happen, or as soon as possible afterwards."
• Repeated failure to refer — being told "come back in 6 weeks" for the same symptom three or four times without investigation or referral.
• NICE guideline not followed — for example, not offering the recommended first-line investigation for suspected endometriosis, ADHD, ME/CFS, or long Covid.
• Lost results or missed follow-up — a blood test came back abnormal and nobody told you, or a referral was made and never chased.

If any of these feel familiar, the first thing to do is get the existing record. You can request your full NHS medical record free of charge — see our guide on accessing your NHS medical records.

How to complain about your GP (step by step)

There are two formal NHS complaint stages, and you must go through Stage 1 before Stage 2 in almost all cases.

Stage 1 — Local resolution at the practice. Write to the practice manager (not the GP). Keep it factual: dates, who you saw, what you said, what they did, what was recorded. By law, the practice must acknowledge within 3 working days and give you a full written response within a reasonable timeframe (usually 6 months at the outside). Always complain in writing, not by phone, so there is a paper trail.

Stage 2 — Parliamentary & Health Service Ombudsman (PHSO). If Stage 1 doesn't resolve it, you have 12 months from the date of the original event (or from when you first knew about it) to ask the PHSO to investigate. They are independent of the NHS and can recommend the practice apologises, changes its processes, or pays compensation.

For the full step-by-step, see our NHS complaints guide.

Reporting a GP to the GMC

The General Medical Council is separate from the NHS complaints process. You report a GP to the GMC when you believe they are unfit to practise — not because the practice was rude or because you disagree with a decision. The GMC investigates serious concerns about: clinical competence, dishonesty, criminal conduct, health problems that affect their ability to practise safely, and serious breaches of Good Medical Practice.

Most patient complaints belong in the NHS complaints process, not the GMC. But if a doctor falsified records, lied to you, was under the influence, or repeatedly missed obvious red-flags causing serious harm — that's a GMC matter. Report online at gmc-uk.org/concerns.

When to escalate to the PHSO

Escalate to the Parliamentary and Health Service Ombudsman when:

• You have completed Stage 1 and the response was inadequate, dismissive, or wrong on the facts.
• The practice missed the deadline to respond.
• The response acknowledged a failing but offered nothing meaningful to put it right.

The PHSO will ask for: your written complaint, the practice's response, your medical records, and a clear statement of what outcome you want (apology, change in process, financial remedy). They are slow — investigations typically take 6 to 12 months — but their recommendations carry significant weight.

Can I sue my GP for negligence?

Yes, in principle. A clinical negligence claim requires you to prove three things on the balance of probabilities:

• Duty — the GP owed you a duty of care (almost always automatic once you're a patient).
• Breach — they fell below the standard of a reasonably competent GP. This usually needs a supportive expert report from an independent GP.
• Causation — the breach caused harm that wouldn't otherwise have happened. This is the hardest part; many breaches don't change the outcome.

Clinical negligence claims are typically run on a No Win, No Fee basis by specialist solicitors. The charity AvMA (Action against Medical Accidents) maintains a directory of accredited solicitors and offers a free advice line.

In most cases it's worth complaining first. A complaint is free, fast, and the practice's written response often determines whether a claim is viable. If you haven't already, request your full medical record — solicitors will need it on day one.

How long do I have to make a claim?

The standard limitation period in England and Wales is three years, running from either:

• the date the negligent act happened, or
• the date you first knew (or should reasonably have known) that you had been harmed by it — whichever is later.

For children, the three years runs from their 18th birthday. For someone who lacks mental capacity, time doesn't run while the incapacity continues. Don't leave it to the last minute — solicitors usually need 3-6 months to investigate before they can issue a claim.

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