Shaw v Stead

Shaw v Stead

The claimant had red flag symptoms (urinary accident, bilateral leg numbness, lower limb weakness) at the time of the consultation. Dr Stead failed to identify these symptoms and did not refer her for further investigation. This omission fell below the standard of care required of a reasonable GP and constituted a breach of duty.

Parties
Claimant: Mrs Kerry Ann Shaw; Defendant: Dr Andrew Stead
Jurisdiction
England and Wales
Judgment Date
01 March 2019
Procedural Posture
Clinical Negligence / Judgment on Preliminary Issue of Breach of Duty
Outcome
Breach of duty established against the defendant.
Legal Topics
Clinical Negligence, Standard of Care, Breach of Duty, Cauda Equina Syndrome, Medical Evidence
Medical Law Tort Law Clinical Negligence Standard of Care Breach of Duty Cauda Equina Syndrome Medical Evidence

Case Brief

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Parties

Mrs Kerry Ann Shaw

Claimant

Dr Andrew Stead

Defendant

Procedural Posture

Clinical Negligence / Judgment on Preliminary Issue of Breach of Duty

Legal Issues

  1. 1 Whether Dr Stead breached his duty of care by failing to identify red flag symptoms of cauda equina syndrome and refer the claimant for investigation

Ratio Decidendi

The claimant had red flag symptoms (urinary accident, bilateral leg numbness, lower limb weakness) at the time of the consultation. Dr Stead failed to identify these symptoms and did not refer her for further investigation. This omission fell below the standard of care required of a reasonable GP and constituted a breach of duty.

Court Disposition

Breach of duty established against the defendant.

Orders

  • Declaration that Dr Stead was in breach of duty in failing to refer the claimant to hospital.