Wake (A Child) v Johnson

Wake (A Child) v Johnson

Dr Johnson’s management of Ethan Wake was not outside the range of acceptable GP practice; he followed NICE Guideline 47, and the evidence did not prove that the claimant’s account of Ethan’s symptoms was correct. The triad of symptoms is not an evidence-based trigger for referral, and referral to hospital would not...

Source-derived case information.

Parties
Claimant: Ethan Wake; Defendant: Dr Martin Johnson
Jurisdiction
England and Wales
Judgment Date
15 January 2015
Procedural Posture
Civil / Judgment on Preliminary Issue
Outcome
Judgment for the Defendant
Legal Topics
Clinical Negligence, Standard of Care, Causation, Guidelines Adherence
Medical Negligence Tort Clinical Negligence Standard of Care Causation Guidelines Adherence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Ethan Wake

Claimant

Dr Martin Johnson

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issue

Legal Issues

  1. 1 Was Dr Johnson negligent in his treatment of Ethan Wake?
  2. 2 Did Dr Johnson's failure to refer Ethan to hospital cause Ethan's injuries?
  3. 3 Was Dr Johnson's management within the range of acceptable GP practice under the Bolam test?

Ratio Decidendi

Dr Johnson’s management of Ethan Wake was not outside the range of acceptable GP practice; he followed NICE Guideline 47, and the evidence did not prove that the claimant’s account of Ethan’s symptoms was correct. The triad of symptoms is not an evidence-based trigger for referral, and referral to hospital would not have resulted in a materially different outcome. Dr Johnson was not negligent.

Court Disposition

Judgment for the Defendant

Orders

  • Defendant not liable to the Claimant; action dismissed