In November 2018, C was a 27-year old flight attendant. D was at the material time a General Practitioner (“GP”). C says that as result of her negligence, D failed to diagnose red flag symptoms of cauda equina syndrome at a face to face consultation on 5 November 2018. [1]
C was admitted to hospital on 9 November 2018 and had emergency spinal surgery in the early hours of 10 November. She says that had D asked the right questions and listened to the answers, C would have been sent to hospital on 5 November and had her operation either later that day or on 6 November. C says that had she been operated on four days earlier, she would have had a materially better outcome. [2]
It follows from these findings and the evidence of the GP liability experts that D did ask the necessary questions in a form that C understood and that she understood the answers. The alleged breach of duty is not made out on the evidence. Therefore, the claim fails. However, it is necessary for me to go on to determine the issue of causation and what the quantum of the claim would have been if it had succeeded. [43]
D was not in breach of duty and therefore the claim must be dismissed. [235]
If I were wrong about that, then the breach of duty did cause C both general and special damage. I have set out what I would have awarded by way of general damages and made findings which should enable counsel to calculate what special damages C would be entitled to [236]
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