§ PUBLISHED JUDGMENT · 2023

Edward Graham v Dr Simone Altaf

[2023] EWHC 156 (KB)·High Court (King's Bench Division), Manchester District Registry·27 January 2023

A three-year-old was diagnosed with tonsillitis by a GP registrar, deteriorated over the next two days and was then referred to hospital, where meningococcal meningitis was diagnosed. The court found no causative breach of duty and dismissed the claim.

Outcome

Claim failed

Sum stated in judgment

Not stated

Claim type

GP Negligence

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Dr Simone Altaf (GP registrar, Orchard Surgery, Kegworth)

Injury: Meningococcal meningitis in a three-year-old with alleged neuropsychological sequelae

Specialty: General practice / paediatric infectious disease (meningococcal meningitis) · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“There has been no causative breach of duty. The claim must therefore be dismissed.”

The money

Claim dismissed; no damages.

§ WHY IT MATTERS

What this case shows.

Meningitis claims against GPs often fail because early symptoms genuinely resemble common childhood infections; the claimant must show both that the GP fell below a reasonable standard and that earlier referral would have changed the outcome.

About gp negligence claims →

§ MORE GP NEGLIGENCE JUDGMENTS

Claimant succeeded

Philipa Hodgson v Dr Daniel Hammond & Anor

[2025] EWHC 1261 (KB)·2025·Liability decided at trial

Ms Hodgson saw a locum GP who suspected pelvic inflammatory disease but did not examine her or arrange urgent follow-up, and a second GP reviewing her blood results by telephone did not refer her for examination. The delay in treatment led to an abscess, removal of a fallopian tube and chronic pelvic pain.

When a GP suspects a serious infection, the court expects an examination or urgent referral to rule it out, and a telephone review of test results does not replace that. Both GPs were held liable, with damages to be decided separately.

Claimant succeeded

Gurmukh Gahir v Dr Ayodele Olusgun Ola

[2024] EWHC 390 (KB)·2024·Liability decided at trial

Mr Gahir went to his GP with fever, severe headache, nausea and confusion; the GP diagnosed migraine, and he was not admitted to hospital until 55 hours later, when herpes simplex encephalitis was treated with acyclovir. The judge found the combination of fever, headache and confusion required urgent hospital referral and that earlier treatment would have left him far less disabled.

Fever, headache and confusion together are a recognised red flag for brain infection, and a GP who attributes them to migraine without arranging urgent admission may be found negligent. The judge accepted the family's account of the patient's confusion during the consultation.

Claim failed£1.4M

Khan v Meadows

[2021] UKSC 21·2021·Appeal decision

A GP negligently failed to arrange proper testing, so a woman wrongly believed she did not carry the haemophilia gene and went on to have a son with haemophilia who also had autism. The Supreme Court held the GP was liable only for the haemophilia-related costs, because the purpose of the advice was to guard against that risk, not the unrelated risk of autism.

Damages are limited to losses falling within the scope of the duty the doctor undertook. Even where negligence clearly led to a child's birth, unrelated conditions that the advice was never meant to address are not recoverable.

All gp negligence judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

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