In November 2018 C contract[ed] Herpes Simplex Encephalitis (HSE). [1]
C was 43 when he contracted HSE… On Tuesday 27 November 2018 he saw his GP, the Defendant Dr Ola. [2]
On Friday 30 November 2018 C was admitted to hospital as an emergency. He was assessed. Administration of an anti-viral drug called acyclovir was commenced. [3]
C was very seriously ill… Chas suffered a significant brain injury. He is and will be unable to live independently. He lacks capacity [4]
The essence of C’s case is:
(1) On Tuesday 27 November 2018 D ought to have appreciated that C was suffering from a serious neurological illness which mandated urgent admission to hospital.
(2) Had C been admitted to hospital on Tuesday it is probable that administration of acyclovir would have been commenced speedily.
(3) Because C was not admitted to hospital until Friday 30 November 2018, commencement of administration of acyclovir was delayed by about 55 hours.
(4) Commencement of acyclovir treatment on Tuesday would have resulted in a better outcome. [7]
The essence of D’s case is:
(1) There was no breach of duty on the part of D.
(2) It cannot be established that earlier commencement of administration of acyclovir would have made a difference. [8]
But for the breach of duty which I have found proven…C would have been admitted to hospital on Tuesday 27 November 2018. [136]
what would have been C’s outcome if acyclovir had started on Tuesday? [232]
In my judgment, C… would be independent for routine daily living. I accept that at present, although he is living with his family, he needs some assistance. He would continue to have headaches. He would be able to work in some capacity in IT but necessarily at a lesser level of capability than before and may have required adjustments to be made. [238]
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