Edward Graham (a child, by his Litigation Friend, Rebecca Graham) v Dr Simone Altaf

Edward Graham (a child, by his Litigation Friend, Rebecca Graham) v Dr Simone Altaf

There was no causative breach of duty by Dr Altaf. Her actions on 15th June were consistent with the practice of a responsible body of general practitioners, based on the information she received that Edward was 'slightly better, no worse.' The evidence did not support the claimant's assertion of significant deterioration or mandatory referral. The claim is dismissed.

Parties
Claimant: Edward Graham; Litigation Friend: Mrs Rebecca Graham; Defendant: Dr Simone Altaf
Jurisdiction
England and Wales
Judgment Date
27 January 2023
Procedural Posture
Civil / Judgment on Preliminary Issue
Outcome
Claim dismissed
Legal Topics
Standard of Care, Causation, Breach of Duty, Clinical Notes, Expert Evidence
Medical Negligence Tort Standard of Care Causation Breach of Duty Clinical Notes Expert Evidence

Case Brief

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Parties

Edward Graham

Claimant

Mrs Rebecca Graham

Litigation Friend

Dr Simone Altaf

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether Dr Altaf was negligent in her treatment of Edward Graham on 14th, 15th, and 16th June 2010
  2. 2 Whether any injuries pleaded were caused by the alleged negligence
  3. 3 Extent of any causative injuries

Ratio Decidendi

There was no causative breach of duty by Dr Altaf. Her actions on 15th June were consistent with the practice of a responsible body of general practitioners, based on the information she received that Edward was 'slightly better, no worse.' The evidence did not support the claimant's assertion of significant deterioration or mandatory referral. The claim is dismissed.

Court Disposition

Claim dismissed