Every one a published decision of the courts of England and Wales, linked to its source.
Claimant succeeded
[2020] EWHC 1610 (QB)·2020·Liability decided at trial
A GP suspected meningitis in a floppy, feverish toddler, gave penicillin and sent her by ambulance, but hospital doctors diagnosed viral tonsillitis and sent her home. Johnson J found the paediatricians should have recognised that the antibiotic could be masking sepsis and given IV antibiotics, which would have prevented her brain injury.
Hospital doctors must take a referring GP's findings seriously, especially where treatment already given may hide the true picture. A child sent in with suspected meningitis should not be discharged on reassurance alone.
Claimant succeeded
[2026] EWHC 2294 (KB)·2026·Damages assessed at trial
An eight-year-old brought to Frimley Park Hospital in January 2018 with severe breathing difficulty was discharged the same afternoon instead of being admitted and given steroids; the next day he had a cardiac arrest and catastrophic brain injury. The Trust admitted negligence and causation and this judgment decides disputed heads of damages.
Sending a child home from A&E with signs of life-threatening asthma, rather than admitting and treating, was admitted to be negligent. Once liability is admitted the dispute moves to how care and lost earnings should be valued.
Claimant succeeded£1.84M
[2019] EWHC 1508 (QB)·2019·Appeal decision
A premature baby was sent home although a blood culture taken in hospital grew Group B strep; staff did not recall her and she developed meningitis with severe brain injury. The claim settled for a lump sum and annual payments; this reported judgment concerns a costs dispute, which the claimant lost.
Failing to act on a positive blood culture after discharge can lead to a multi-million-pound settlement. Note the published judgment is about costs, not the merits.
Settlement approved£9.3M
[2023] EWHC 1547 (KB)·2023·Settlement approved by the court
A low-birth-weight baby was not fed adequately overnight and his blood sugar was not checked early enough, causing hypoglycaemic brain damage; the Trust admitted liability in 2018. The court approved a £9.3m lump sum plus periodical payments and held the Trust also owed interest for accepting the offer late.
Negligence in the first days of a newborn's life, not just during labour, can produce some of the largest clinical negligence awards. If a defendant accepts a Part 36 offer late, interest for the delay can be claimed on top.
Claim failed
[2023] EWHC 1199 (KB)·2023·Liability decided at trial
A baby born at James Cook University Hospital was discharged two days after birth and died of GBS meningitis and sepsis. The judge found only one limited breach (a missing piece of discharge advice) and that it did not cause the death because the mother would not have returned to hospital in time.
Even where a hospital gets something wrong, the claim fails unless the mistake is shown to have changed what happened. Record-keeping failings alone did not establish causation here.
Claim failed
[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
[2015] EWHC 276 (QB)·2015·Liability decided at trial
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.
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.
Claim failed
[2013] EWCA Civ 547·2013·Appeal decision
A six-week-old premature baby was seen at an out-of-hours clinic, diagnosed with colic and not referred to hospital; he developed bacterial meningitis and was left severely disabled. The trial judge accepted the GP's contemporaneous note over the mother's recollection of symptoms and found no negligence, and the Court of Appeal upheld that decision.
Even where earlier hospital referral would have prevented the injury, the claim fails if the court accepts the GP's record of what the child looked like at the consultation. Contemporaneous clinical notes can outweigh a parent's later recollection.
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.