Wake (A child by his Litigation Friend and Father Graeme Wake) v Johnson

Damages – Personal injury. The claimant was a young child that had been taken by his parents to the defendant GP in an out of hours service. It was the parents case that at that point the claimant was presenting with very serious symptoms. No immediate referral to hospital was made by the defendant. Later, the claimant was taken by his parents to the hospital where, he was diagnosed as suffering from pneumococcal meningitis. The disease caused him to suffer very severe neurological damage as a result of which he was severely, and permanently, disabled. The claimant, through his father as litigation friend, brought a case in negligence and causation against the defendant. The Queen's Bench Division held that, on the evidence, the defendant was not liable to the claimant and that there had to be judgment in the action for the defendant.

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