Claimant succeeded
[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
[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.
Claimant succeeded
[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£7,500
[2013] EWHC 600 (QB)·2013·Liability and damages decided at trial
A woman with months of bloating and bowel symptoms was urgently referred by her GP, but the judge found he never told her and the hospital lost the letter, so nothing happened until she was diagnosed with advanced ovarian cancer seven months later. The GP was liable for the delay but only £7,500 was awarded because the delay was not shown to have shortened her life.
A GP must tell the patient an urgent referral has been made so it can be chased. Damages for delayed cancer diagnosis are limited to what the delay actually caused, which may be modest.
Claimant succeeded
[2012] EWHC 3063 (QB)·2012·Liability decided at trial
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.
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.
Claimant succeeded
[2011] EWHC 13 (QB)·2011·Liability decided at trial
A fourteen-year-old with days of high fever, vomiting and lethargy was not admitted to hospital by her GP on the Saturday, and the out-of-hours doctor that night managed her by phone instead of visiting; by the time she reached A&E the next morning she deteriorated and suffered irreversible brain damage. The judge found both doctors liable but dismissed the claim against the hospital because it could not be proved when the damage occurred.
A GP who recognises a possible pneumonia in a seriously unwell child but defers investigation for two days, and an out-of-hours doctor who does not visit despite worrying symptoms, can both be held liable when earlier admission would have avoided the injury. A hospital's breach does not lead to liability unless the timing of the damage can be linked to it.
Claimant succeeded
[2011] EWHC 219 (QB)·2011·Liability decided at trial
A GP re-examined a nine-week-old baby's hips after a colleague had noted they were stiff, recorded them as seeming fine and did not refer her to an orthopaedic specialist; the dislocated right hip was only discovered when she was seven and needed major surgery. The judge found the GP should have detected the limited hip movement and referred immediately, and that early referral would have led to simpler treatment.
When an infant hip check raises concern, a GP must refer for specialist assessment rather than arranging a distant re-check. Missing a dislocated hip in infancy turns a condition treatable with a splint into one needing major surgery.
Claimant succeeded
[2021] EWHC 2293 (QB)·2021·Liability decided at trial
A young man saw his GP with slurred, very unclear speech and suffered a stroke four days later, but did not sue until 2017. The court found he had the mental capacity to bring a claim and had known enough by December 2010, yet allowed the late claim to go ahead.
Arguing that a brain injury left you unable to run a claim will be tested hard against your medical records and everyday dealings. Even so, a claim brought years late can survive if the records mean a fair trial is still possible.