Sarah Pritchard KC (instructed by Hempsons / MDU) successfully defended a GP at trial in a cauda equina claim. The action was heard over 12 days in Birmingham before HHJ Charman (sitting as a High Court Judge) and evidence was called from 7 witnesses of fact and 17 expert witnesses (issues of breach of duty and quantum were heard together).
Rebecca Hepworth’s claim against Dr. Amanda Coates centred around allegations that Dr. Coates failed to properly enquire about / have proper regard to “red flag” symptoms during a consultation held on 5 November 2018, leading to a delay in diagnosis and surgical treatment of her cauda equina syndrome. The claim was pleaded at just over £5,000,000.
The trial Judge concluded that Dr. Coates had appropriately enquired about red flag symptoms during the consultation and acted within the standards expected of a responsible GP at the time. The claim was therefore dismissed.
Sarah Pritchard KC commented:
“The judgment is noteworthy in a number of respects. Firstly, it contains a detailed consideration of the weight to be attached to witness recollections and contemporaneous documents (in this case, medical records and WhatsApp messages). Secondly, very serious criticisms were made regarding the conduct of some of the medical expert witnesses called by the Claimant—relating to both their written reports and their oral evidence at trial—which resulted in significant doubt being cast on the reliability of that evidence. Finally, there was a full analysis of quantum issues which (although ultimately irrelevant given that the claim was dismissed) provides a welcome reminder of the core principles of the assessment of damages, and in particular the requirement for proof of past losses.”
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