§ PUBLISHED JUDGMENT · 2024

Gurmukh Gahir v Dr Ayodele Olusgun Ola

[2024] EWHC 390 (KB)·High Court (King's Bench Division)·23 February 2024

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.

Outcome

Claimant succeeded

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 Ayodele Olusgun Ola (general practitioner)

Injury: Herpes simplex encephalitis treated 55 hours late, causing permanent brain damage, severe disability and loss of capacity to manage his own affairs

Specialty: General practice / neurology (herpes simplex encephalitis) · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“But for the breach of duty which I have found proven, it is likely, and I so find, that the Claimant would have been admitted to hospital on Tuesday 27 November 2018.”

The money

Preliminary trial on breach of duty and causation only; no damages figure. The judge found that with earlier treatment the claimant would have been at Extended Glasgow Outcome Scale grade 6 or 7 and independent for daily living ([238]).

§ WHY IT MATTERS

What this case shows.

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.

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.

Claim failed

Edward Graham v Dr Simone Altaf

[2023] EWHC 156 (KB)·2023·Liability decided at trial

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.

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.

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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