§ PUBLISHED JUDGMENT · 2015

Wake (A Child) v Johnson

[2015] EWHC 276 (QB)·High Court (Queen's Bench Division)·15 January 2015

A four-year-old with fever, headache and vomiting was seen at an out-of-hours walk-in centre on New Year's Day and sent home with advice to return if he did not improve; the next evening he was admitted with meningitis and was left severely disabled. The judge held the GP's management was within the range of acceptable practice 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 Martin Johnson (out-of-hours GP)

Injury: Pneumococcal meningitis causing severe neurological damage (quadriplegia, visual impairment, communication difficulties, gastrostomy feeding)

Specialty: Out-of-hours primary care / paediatrics · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“It follows from the foregoing that on the preliminary issue as to whether or not the Defendant is liable to the Claimant by reason of the matters alleged in the Particulars of Claim and, if so, whether or not any of the injuries pleaded were caused thereby, it is my judgment that the Defendant is not liable to the Claimant.”

The money

Judgment for the defendant on the preliminary issue of liability; no damages.

§ WHY IT MATTERS

What this case shows.

A feverish child sent home with safety-netting advice is not automatically a negligent consultation; the court asks whether a reasonable GP could have acted the same way. Hindsight about a devastating outcome does not prove breach of duty.

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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