The Types Of Cases We Do

GP FAILURE TO REFER FOR SPECIALIST TREATMENT

ETHERIDGE V MILLAR & ANOR (2000)

£585,000 for brain damage due to failure to refer to hospital for urgent treatment

E had attempted suicide by inhaling carbon monoxide from his car exhaust. He was discovered unconscious, he recovered consciousness and was taken to a GP.

The GP did not examine him but advised he be looked after at home.

E was then seen by his own GP who prescribed antidepressants. Four days later E was referred to hospital for ongoing breathing difficulties.

E was diagnosed with carbon monoxide poisoning.

E suffered brain injury resulting in cognitive impairment and amnestic syndrome. He was unable to care for himself, manage his affairs, or work.

BRECH OF DUTY

It was E's case that the GPs should have referred him to hospital urgently where he would have been treated for carbon monoxide poisoning.

CAUSATION

It was E's case that early hypobaric treatment would have substantially reduced the extent of his brain injury.

OUTCOME

Solicitors for the first GP admitted that E should have been referred to hospital and that early treatment would have improved his outcome.

The compensation reflected the fact that E would have suffered some brain damage even had the GP referred him to hospital immediately.