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Doy v Gunn [2013] EWCA Civ 547 - 08/05/13


The Claimant was misdiagnosed by the Defendant GP. The GP diagnosed that the Claimant had colic when in fact he had meningitis. The Claimant suffered mental and physical disabilities as a consequence.

The Claimant brought an action against the GP in negligence. That claim failed at first instance. Owen J found that while the Claimant would have avoided disability if he had been referred to hospital on the day upon which he was examined by his GP, the misdiagnosis/failure to refer was not negligent. Owen J relied upon the GP's contemporaneous notes. It was common ground between the medical experts that if those notes were accurate as opposed to the account given by the Claimant's mother, the GP was not in breach of duty.

The Court of Appeal held that Owen J had not made an error in relying upon the GP's records and consequently the Claimant's appeal was dismissed.