PXE v University Hospitals Birmingham NHS Foundation Trust
[2024] EWHC 2023 (KB)
Edward Graham (a child, by his Litigation Friend, Rebecca Graham) v Dr Simone Altaf
27 January 2023
[2023] EWHC 156 (KB)
High Court
A little boy got sick, and his parents say his doctor was negligent, causing lasting harm. The judge listened to the doctor and the parents, heard from experts, and decided the doctor did what a normal doctor would have done under the same circumstances. So, the lawsuit was dismissed because the doctor wasn't at fault.
Key Facts
- •Edward Graham (3 years, 4 months) fell ill on June 13th, 2010.
- •Dr. Simone Altaf, a GP Registrar, diagnosed tonsillitis on June 14th and prescribed antibiotics.
- •Edward's condition deteriorated significantly over the following days.
- •Telephone consultations occurred on June 15th and 16th.
- •Edward was admitted to Queen's Medical Centre on June 16th with meningococcal meningitis.
- •The claimant alleges negligence leading to a delay in diagnosis and treatment, resulting in neurological sequelae.
Legal Principles
Standard of care for a medical professional is that of an ordinary skilled man exercising and professing to have that special skill.
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
The medical practice must be logically defensible.
Bolitho v City and Hackney Health Authority 1997 UKHL 46
Outcomes
Claim dismissed.
No causative breach of duty was found. Dr. Altaf's actions were consistent with the practice of a responsible body of general practitioners, given the information available to her at the time.