Shaw v Stead [2019] EWHC 520 (QB) (1 March 2019)

Shaw v Stead [2019] EWHC 520 (QB) (1 March 2019)

The claimant had red flag symptoms (urinary accident, bilateral leg weakness, numbness, and tingling) at the time of the consultation with Dr Stead. A reasonable GP would have identified these symptoms and referred her for urgent investigation. Dr Stead failed to do so, constituting a breach of duty.

Source-derived case information.

Citation
[2019] EWHC 520
Parties
Claimant: Mrs Kerry Ann Shaw; Defendant: Dr Andrew Stead
Jurisdiction
England and Wales
Judgment Date
01 March 2019
Procedural Posture
Clinical Negligence Claim / Preliminary Issue Trial on Breach of Duty
Outcome
Claimant succeeds on breach of duty; Dr Stead found in breach of duty for failing to refer.
Legal Topics
Breach of Duty, Standard of Care, Cauda Equina Syndrome, Clinical Negligence, Red Flag Symptoms, Referral Obligations
Medical Negligence Tort Law Breach of Duty Standard of Care Cauda Equina Syndrome Clinical Negligence Red Flag Symptoms Referral Obligations

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs Kerry Ann Shaw

Claimant

Dr Andrew Stead

Defendant

Procedural Posture

Clinical Negligence Claim / Preliminary Issue Trial on Breach of Duty

Legal Issues

  1. 1 Whether Dr Stead breached his duty of care by failing to identify red flag symptoms and refer Mrs Shaw for further investigation on 25 May 2013

Ratio Decidendi

The claimant had red flag symptoms (urinary accident, bilateral leg weakness, numbness, and tingling) at the time of the consultation with Dr Stead. A reasonable GP would have identified these symptoms and referred her for urgent investigation. Dr Stead failed to do so, constituting a breach of duty.

Court Disposition

Claimant succeeds on breach of duty; Dr Stead found in breach of duty for failing to refer.

Orders

  • Declaration that Dr Stead was in breach of duty in failing to refer Mrs Shaw to hospital on 25 May 2013.