How We Helped Baby Molly’s Family Following a Missed Diagnosis of Meningitis
When Molly* was nine-months-old, her GP failed to recognise the signs of a serious bacterial infection. This oversight resulted in a missed diagnosis of meningitis that caused permanent hearing loss and a brain injury she will live with for the rest of her life. Despite the defendant denying liability until weeks before trial, CL Medilaw secured a full settlement on Molly’s behalf.
If your child’s meningitis was missed or diagnosed too late, the following story explains what you need to know.
* Name changed to protect the privacy of those involved.
Molly’s Story
Molly was nine-months-old when her mother first took her to her GP surgery. She had developed a temperature and was generally unwell. The GP suspected a viral infection.
Over the following nine days, Molly’s symptoms did not improve, as she continued to run a temperature and remained lethargic. Her mother took her back to the surgery, where a different doctor noted that she was miserable, running a high temperature, and had developed a rash. He advised mum to monitor her daughter through the afternoon and to consider seeking a further review.
Later that day, mum called the Out of Hours Service, as her baby was now limp, vomiting, and lethargic. She was advised to attend hospital, where she was seen by the defendant GP. He noted that the child had developed a rash across her body since the previous day, was not sleeping well, was clingy, vomiting, and irritable. Despite these symptoms, his examination recorded that Molly looked well, was alert, and was responding normally.
Her mother strongly disputed this. She disputes it still.
The GP diagnosed a viral infection and advised mum to continue administering Calpol and to return to her local GP if there was no improvement by Friday, which was two days away.
By Friday, Molly had not improved. Her mother took her back to the surgery, where a different GP referred the infant to hospital immediately. There, doctors confirmed what had been missed: Molly had misdiagnosed meningitis. A lumbar puncture confirmed the infection, but by that point the delay had already caused irreversible harm.
Following her discharge from hospital, Molly was diagnosed with bilateral hearing loss. She has relied on hearing aids ever since, and has recently had a cochlear implant fitted. As she grew older, it became clear that she had also sustained a brain injury. Molly now attends a special needs school.
What is Meningitis, and Why Does Early Diagnosis Matter?
Meningitis is an inflammation of the membranes surrounding the brain and spinal cord, most commonly caused by a bacterial or viral infection. Bacterial meningitis in particular can progress rapidly and become life-threatening within hours, making early diagnosis critical.
In infants, the symptoms can be less obvious than in older children or adults. A high temperature, unusual crying, lethargy, vomiting, sensitivity to light, a stiff neck, or a rash that does not fade when pressed with a glass are all recognised warning signs that require urgent attention.
A GP examining a young child with several of these symptoms has a duty to take them seriously, investigate appropriately, and refer to a hospital where there is any reasonable suspicion of serious bacterial infection. A missed diagnosis of meningitis at this stage, whether through inadequate examination, failure to act on presenting symptoms, or failure to provide safety netting advice, can have consequences that no amount of later treatment can undo.
What Should Reasonable Care Look Like in a Case Like Molly’s?
A GP examining a nine-month-old infant with a multi-week history of illness, a high temperature, a rash, and a visibly deteriorating condition has a clear clinical duty to consider the possibility of serious bacterial infection, including meningitis.
In Molly’s case, our expert evidence established that the defendant GP failed to perform a reasonable examination. He did not take her temperature, heart rate, or respiratory rate. He failed to give appropriate weight to her three-week history of illness, the presence of a rash, and her mother’s consistent account of her deteriorating condition.
Critically, he also failed to provide safety netting advice, meaning he did not tell Molly’s mother to return to hospital or seek urgent help if her condition worsened overnight.
It’s important to understand that these are not exceptional standards. They reflect what any GP operating with reasonable competence, when faced with this presentation, would routinely be expected to do. Had the situation been handled correctly, the misdiagnosed meningitis would likely have been identified earlier, and the permanent hearing loss and brain injury Molly has since lived with may have been prevented entirely.
How We Helped Molly
CL Medilaw obtained supportive expert evidence from a GP, ENT consultant, paediatrician, infectious diseases consultant, microbiologist, neuroradiologist, and neuropsychologist.
We successfully established that the defendant GP was negligent in failing to:
- Perform a reasonable clinical examination.
- Give appropriate weight to Molly’s history and presentation.
- Listen to her mother’s concerns about her deterioration.
- Provide safety netting advice that would have prompted an earlier return to hospital.
The defendant denied liability throughout. Court proceedings were issued, and it was not until joint expert discussions had taken place, with trial just weeks away, that a settlement was finally agreed.
The Impact of the Settlement on Molly’s Family
Resolution of liability means Molly’s family can now request an interim payment of compensation while the full valuation of her claim continues. This funding will allow the family to begin accessing the case management, educational support, treatment, and specialist equipment that Molly needs as a result of her disabilities.
It also provides reimbursement for the care and out-of-pocket costs the family have carried, largely alone, since Molly was nine-months-old.
The full value of her claim, reflecting her life-long needs, is still being determined. But for the first time, her family has the financial security to start planning properly for their daughter’s future.
Lucy Metters, the Associate Who Represented Molly’s family, Comments
“The effects of the defendant’s negligence have been devastating for Molly and her family. The resulting injuries have impacted her day-to-day significantly and will continue to do so for the rest of her life. The fact that the defendant denied liability until the month before trial applied further stress on Molly and her family, and I am relieved that we can now proceed to value the claim with interim funding available at last. Thank you to Michael Mylonas KC of Serjeants’ Inn Chambers for his help in achieving this settlement for Molly.”
FAQs About Missed Meningitis Diagnosis Claims
Q: What are the warning signs of meningitis a GP should recognise in an infant? In infants, warning signs include a high or persistent temperature, unusual crying or irritability, lethargy, vomiting, a bulging fontanelle, sensitivity to light, and a rash that does not fade when pressed with a glass.
A GP examining a young child with several of these symptoms, particularly over a prolonged period of illness, has a duty to consider serious bacterial infection and refer to a hospital where there is any reasonable suspicion of meningitis. Failure to examine properly, or failure to provide safety netting advice, may constitute a missed diagnosis of meningitis, forming the basis of a negligence claim.
Q: Could Molly’s injuries have been prevented? Based on the expert evidence obtained in this case, yes. Had the defendant GP performed a reasonable clinical examination and referred Molly to hospital when her symptoms warranted it, she would have received treatment earlier.
The permanent hearing loss and brain injury she has since lived with were a direct consequence of the delay, and not an inevitable outcome of the illness itself.
Q: Is there a time limit for making a meningitis misdiagnosis claim on behalf of a child? Yes, for claims brought on behalf of a child, the standard three-year limitation period does not begin until their 18th birthday, meaning a claim can be brought any time before they turn 21.
Acting earlier is strongly advisable, as evidence is better preserved, expert witnesses are easier to instruct, and an interim payment can only be secured once proceedings are underway.
Q: What happens while the full value of a claim is being assessed? In complex cases involving serious or lifelong injury, valuing the full extent of compensation can take time. Particularly where the child’s long-term needs are still developing.
In the meantime, it is often possible to secure an interim payment, which provides financial support for care, treatment, and equipment before the final settlement is reached. CL Medilaw secured an interim payment for Molly’s family at the point liability was agreed.
Could Your Child’s Meningitis Have Been Diagnosed Sooner?
If your child was diagnosed with meningitis after symptoms were dismissed or a referral was delayed — and they have been left with a serious condition as a result — you may have grounds for a clinical negligence claim.
At CL Medilaw, we understand that pursuing a claim is rarely just about compensation. For many families, it is also about getting answers, achieving recognition of what went wrong, and securing the resources their child needs to live as full a life as possible. You can read about other families we have helped in similar situations: Amelie’s story and Steven’s story.
Our specialist team offers a free, confidential case review, with no pressure or obligation to proceed.
Find out more about meningitis negligence claims or contact CL Medilaw today.
