§ PUBLISHED JUDGMENT · 2012

JD v Mather

[2012] EWHC 3063 (QB)·High Court (Queen's Bench Division)·1 November 2012

A man showed his GP an itchy, bleeding growth in his groin and was told it was a harmless wart; seven months later it was found to be a thick, ulcerated melanoma. Bean J rejected the claim that earlier treatment would have cured him but found the delay cut his life expectancy by three years.

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 Melanie Mather (general practitioner)

Injury: Malignant melanoma in the groin misdiagnosed as a seborrhoeic wart; seven-month delay with spread to lymph nodes and life expectancy reduced by three years

Specialty: General practice / dermatology oncology · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“The Claimant is therefore entitled to judgment for damages to be assessed, but in respect of his alternative claim only.”

The money

Judgment for damages to be assessed on the alternative claim (three-year reduction in life expectancy); the primary claim that earlier treatment would have cured him failed.

§ WHY IT MATTERS

What this case shows.

An itching or bleeding skin lesion should prompt specialist referral, not reassurance. Even where cure cannot be proved, compensation can be recovered for a proven shortening of life.

About gp negligence claims →

§ MORE GP NEGLIGENCE JUDGMENTS

Claimant succeeded

Shaheen & Anor v Dr Joanna Daish

[2025] EWHC 3056 (KB)·2025·Liability decided at trial

A 49-year-old man saw his GP with breathlessness and a persistent cough; the GP ordered a chest X-ray on the computer system but the judge found she never told him to go to the walk-in radiology department. The court held he would have attended if told and was not himself at fault.

Ordering a test is not enough; the patient must be told clearly what to do. Courts are slow to blame patients for not chasing a test they did not know had been requested.

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.

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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