Quick answers
These short answers are designed for people asking whether a delayed GP referral may justify legal investigation. They are general information only, not legal advice on any individual case.
Can I claim if my GP failed to refer me?
A claim may be possible where a GP failed to make a referral that a reasonably competent GP would have made, and the delay caused avoidable harm or worsened the outcome.
What does failure to refer mean?
Failure to refer can include not sending a patient to hospital, not making a suspected cancer pathway referral, not arranging urgent specialist review, not escalating worrying symptoms, or not following up when symptoms persisted or worsened.
Is every delayed referral negligent?
No. Some conditions are difficult to diagnose early. The legal question is whether the symptoms, examination findings, history, test results and risk factors should reasonably have led to referral at the time.
Why red flags matter
Red flags are symptoms or findings that should prompt urgent thought about serious illness. NICE guidance on suspected cancer and neurological conditions includes referral pathways for symptoms that may indicate serious disease.
What is safety netting?
Safety netting means giving clear advice about what to do if symptoms persist, worsen or change, and arranging review or follow-up where needed. Poor safety netting can be important where an opportunity to refer was missed.
Evidence that may support a claim
Useful evidence includes GP consultation notes, referral letters, test results, symptom chronology, telephone triage records, prescription records, out-of-hours notes, hospital records and expert GP or specialist evidence.
Sources used
This page is informed by NICE suspected cancer recognition and referral guidance and NICE suspected neurological conditions referral guidance. See NICE: Suspected cancer: recognition and referral and Suspected neurological conditions: recognition and referral.