McCabe v Moore & Ors

McCabe v Moore & Ors

Dr Hall breached her duty of care by failing to appreciate the significance of the Claimant's report of day and night sweats and cessation of menopause, in the context of an artificial valve, and by failing to ask further questions or refer her to hospital. This breach caused the Claimant's stroke, which would have been avoided with timely admission and treatment. No breach was established against Dr Moore or Dr Fisher.

Parties
Claimant: Sandra McCabe; First Defendant: Dr Moore; Second Defendant: Dr Fisher; Third Defendant: Dr Hall
Jurisdiction
England and Wales
Judgment Date
11 February 2015
Procedural Posture
Medical Negligence / Judgment on Liability and Causation; Quantum Agreed
Outcome
Claim against Third Defendant (Dr Hall) succeeds; claim against First and Second Defendants dismissed
Legal Topics
Duty of Care, Breach of Duty, Causation, Standard of Care, General Practitioner Liability
Tort Medical Negligence Duty of Care Breach of Duty Causation Standard of Care General Practitioner Liability

Case Brief

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Parties

Sandra McCabe

Claimant

Dr Moore

First Defendant

Dr Fisher

Second Defendant

Dr Hall

Third Defendant

Procedural Posture

Medical Negligence / Judgment on Liability and Causation; Quantum Agreed

Legal Issues

  1. 1 Whether the Defendants breached their duty of care to the Claimant in failing to diagnose or refer for infective endocarditis
  2. 2 Whether the breach caused the Claimant's stroke and subsequent injury

Ratio Decidendi

Dr Hall breached her duty of care by failing to appreciate the significance of the Claimant's report of day and night sweats and cessation of menopause, in the context of an artificial valve, and by failing to ask further questions or refer her to hospital. This breach caused the Claimant's stroke, which would have been avoided with timely admission and treatment. No breach was established against Dr Moore or Dr Fisher.

Court Disposition

Claim against Third Defendant (Dr Hall) succeeds; claim against First and Second Defendants dismissed

Orders

  • Judgment for the Claimant against the Third Defendant for damages
  • Claim against the First and Second Defendants dismissed