Gurmukh Gahir v Dr Ayodele Olusgun Ola

Gurmukh Gahir v Dr Ayodele Olusgun Ola

The Defendant breached the duty of care by failing to urgently refer the Claimant to hospital on 27 November 2018. Had the Claimant been admitted and treated with acyclovir earlier, his outcome would have been materially better, with less severe neurological damage and greater independence.

Source-derived case information.

Parties
Claimant: Mr Gurmukh Gahir; Defendant: Dr Ayodele Olusgun Ola
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Personal Injury Negligence / Judgment After Preliminary Issue Trial
Outcome
Liability established against Defendant for breach of duty and causation
Legal Topics
Duty of Care, Breach of Duty, Causation, Delay in Treatment, Herpes Simplex Encephalitis, Expert Evidence
Medical Negligence Personal Injury Duty of Care Breach of Duty Causation Delay in Treatment Herpes Simplex Encephalitis Expert Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Gurmukh Gahir

Claimant

Dr Ayodele Olusgun Ola

Defendant

Procedural Posture

Personal Injury Negligence / Judgment After Preliminary Issue Trial

Legal Issues

  1. 1 Whether the Defendant breached duty of care by failing to urgently refer the Claimant to hospital on 27 November 2018
  2. 2 Whether earlier administration of acyclovir would have resulted in a materially better outcome for the Claimant

Ratio Decidendi

The Defendant breached the duty of care by failing to urgently refer the Claimant to hospital on 27 November 2018. Had the Claimant been admitted and treated with acyclovir earlier, his outcome would have been materially better, with less severe neurological damage and greater independence.

Court Disposition

Liability established against Defendant for breach of duty and causation

Orders

  • Claimant entitled to damages for personal injuries and consequential losses
  • Further assessment of quantum to be determined