§ PUBLISHED JUDGMENT · 2016

Tucker v Griffiths

[2016] EWHC 1214 (QB)·High Court (Queen's Bench Division)·25 May 2016

A patient with a prosthetic aortic valve had abnormal inflammatory markers on blood tests in November 2010; his GP arranged a routine appointment rather than urgent hospital admission and he suffered a stroke from endocarditis in January 2011. The judge found the results did not ground a reasonable suspicion of endocarditis and the GP's response was one a reasonable body of GPs would take.

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 Rosemary Griffiths (general practitioner)

Injury: Stroke caused by infective endocarditis of a prosthetic heart valve, with brain injury and speech difficulties

Specialty: General practice / cardiology · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“In those circumstances, this claim must fail.”

§ WHY IT MATTERS

What this case shows.

Abnormal blood results must be acted on, but the level of urgency required depends on what a reasonable GP would have suspected at the time; a routine review can be acceptable where the overall picture did not point to a serious diagnosis.

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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