Coakley v Rosie
The Defendant was negligent in failing to suspect, diagnose, and treat bacterial meningitis when the Claimant presented with characteristic signs and symptoms. On the balance of probabilities, earlier administration of penicillin and urgent hospital referral would have prevented or materially reduced the Claimant's injuries, including blindness and deafness. The Defendant's breach of duty was causative of the injuries sustained.
- Parties
- Claimant: Mrs Julie Coakley; Defendant: Dr Henrietta Rosie
- Jurisdiction
- England and Wales
- Judgment Date
- 04 June 2014
- Procedural Posture
- Civil / Judgment
- Outcome
- Claim allowed; Defendant found liable for breach of duty and causation.
- Legal Topics
- Breach of Duty, Causation, Standard of Care, Material Contribution, Remoteness of Damage
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Julie Coakley
Claimant
Dr Henrietta Rosie
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the Defendant breached the duty of care owed to the Claimant by failing to suspect, diagnose, and treat bacterial meningitis.
- 2 Whether the Defendant's breach of duty caused or materially contributed to the Claimant's injuries, including blindness and deafness.
Ratio Decidendi
The Defendant was negligent in failing to suspect, diagnose, and treat bacterial meningitis when the Claimant presented with characteristic signs and symptoms. On the balance of probabilities, earlier administration of penicillin and urgent hospital referral would have prevented or materially reduced the Claimant's injuries, including blindness and deafness. The Defendant's breach of duty was causative of the injuries sustained.
Court Disposition
Claim allowed; Defendant found liable for breach of duty and causation.
Orders
- Declaration of liability against the Defendant for negligence.
- Damages to be paid to the Claimant as agreed by the parties.
Full Case Text
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