Q&As

I am preparing to issue court proceedings against a GP surgery. The surgery is a partnership. The CPR suggests that in this situation the partnership should be named and referred to as a firm but other parts of the CPR suggests that each and every individual GP should be named. What is the normal protocol when suing a GP practice? Is it preferable to sue the individual GPs or the surgery or name the individual GPs and the surgery followed by a firm?

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Produced in partnership with Jamie Gamble of No5 Barristers Chambers
Published on LexisPSL on 06/03/2018

The following PI & Clinical Negligence Q&A produced in partnership with Jamie Gamble of No5 Barristers Chambers provides comprehensive and up to date legal information covering:

  • I am preparing to issue court proceedings against a GP surgery. The surgery is a partnership. The CPR suggests that in this situation the partnership should be named and referred to as a firm but other parts of the CPR suggests that each and every individual GP should be named. What is the normal protocol when suing a GP practice? Is it preferable to sue the individual GPs or the surgery or name the individual GPs and the surgery followed by a firm?

I am preparing to issue court proceedings against a GP surgery. The surgery is a partnership. The CPR suggests that in this situation the partnership should be named and referred to as a firm but other parts of the CPR suggests that each and every individual GP should be named. What is the normal protocol when suing a GP practice? Is it preferable to sue the individual GPs or the surgery or name the individual GPs and the surgery followed by a firm?

Most claims against a GP surgery will be claims for clinical negligence. Such claims should usually be brought as claims against the individual GP or GPs in question. This is because GPs offering primary care services are generally not employees, and the partnership as a whole will not be vicariously liable for the negligence of an individual GP.

Professional indemnity insurance is compulsory for GPs practising in the

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