Ganz v Childs & Ors [2012] EWCA Civ 1966 (23 February 2012)

Ganz v Childs & Ors [2012] EWCA Civ 1966 (23 February 2012)

The trial judge was entitled to find that Dr Childs breached her duty by failing to refer the claimant to hospital given her own note to exclude pneumonia, and that the failures of Dr Childs and Dr Lloyd were causative of the claimant's injury based on the expert evidence accepted at trial. The judge applied the...

Source-derived case information.

Citation
[2012] EWCA Civ 1966
Parties
Appellant: Ganz; Respondents: Childs & Ors
Jurisdiction
England and Wales
Judgment Date
23 February 2012
Procedural Posture
Clinical Negligence Appeal / Permission to Appeal From Queen's Bench Division to Court of Appeal
Outcome
Permission to appeal granted
Legal Topics
Standard of Care for General Practitioners, Causation in Clinical Negligence, Application of Bolam and Bolitho Tests, Assessment of Expert Evidence
Medical Negligence Tort Law Standard of Care for General Practitioners Causation in Clinical Negligence Application of Bolam and Bolitho Tests Assessment of Expert Evidence

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Summary, issues, holding and outcome

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Parties

Ganz

Appellant

Childs & Ors

Respondents

Procedural Posture

Clinical Negligence Appeal / Permission to Appeal From Queen's Bench Division to Court of Appeal

Legal Issues

  1. 1 Whether Dr Childs breached her duty of care by failing to refer the claimant to hospital
  2. 2 Whether Dr Lloyd's failure to attend was causative of injury
  3. 3 Whether the trial judge misapplied the legal test for suspicion of pneumonia

Ratio Decidendi

The trial judge was entitled to find that Dr Childs breached her duty by failing to refer the claimant to hospital given her own note to exclude pneumonia, and that the failures of Dr Childs and Dr Lloyd were causative of the claimant's injury based on the expert evidence accepted at trial. The judge applied the correct legal tests and properly exercised his discretion in evaluating the evidence.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted on both breach of duty and causation grounds
  • Appeal to be listed for expedited hearing before a court of three Lord Justices, including one with clinical negligence experience