How We Helped Baby Molly’s Family Following a Missed Diagnosis of Meningitis

GP Settles Claim for Missed Diagnosis of Meningitis in Infant

Molly’s (name changed to protect privacy) mother sought legal advice after multiple GP visits failed to identify her daughter’s meningitis. The missed diagnosis of meningitis led to a delayed hospital referral, resulting in severe and lifelong health complications.

Molly went on to develop hearing loss and a brain injury, leading to cognitive impairment.

We identified significant concerns over the GP examination and a lack of safety netting advice   The issue on whether or not the GP was liable for negligent substandard care was resolved just weeks before trial — having been disputed throughout.

Molly’s Story

Molly was nine months old at the time of the events. Her mother took her to her GP surgery, as she had become unwell with a temperature. The GP suspected a viral infection.

Her symptoms did not improve over the course of the next nine days and continued with a temperature and lethargy. On the 29th of March, her mother took her back to her GP surgery, where she was examined by another doctor, who noted that she was miserable, with a high temperature and a rash. The doctor advised her mother to see how Molly was by the afternoon and to consider further review.

Later that day, Molly’s mother called the Out of Hours Service as her child was limp, vomiting and lethargic. She was advised to attend hospital, where she was seen by the Defendant GP, who noted that she had developed a rash all over her body since the previous day, was not sleeping well, was clingy, vomiting brown and irritable. However, the GP’s examination stated that Molly looked well, alert, and was responding normally. Molly’s mother strongly disputes that she looked well, was alert or was responding normally.

The GP advised Molly’s mother to continue giving her Calpol and to take her to her local GP if she hadn’t improved by Friday (two days later). The diagnosis that he made was a viral infection, however, he had failed to recognise that there were many concerning symptoms and that Molly was in fact suffering from a serious bacterial infection.

Despite several concerning symptoms, the GP failed to recognise that they were clear warning signs and that Molly was suffering from a severe bacterial infection and he instead diagnosed her with a viral infection, which eventually led to misdiagnosed meningitis

He advised Molly’s mother to continue giving her Calpol and to take her to her local GP if she hadn’t improved by Friday (two days later). She strongly disagreed with the GP’s opinion that Molly looked well, was alert, and was responding normally.

By Friday the 31st of March, Molly hadn’t improved, so her mother took her back to her local surgery, where she saw a different GP, who referred her to hospital. At the hospital, doctors identified what turned out to have been a missed diagnosis of meningitis. A lumbar puncture confirmed the infection but, by this point, the delay had led to irreversible harm.

Following discharge from hospital, Molly was diagnosed with bilateral hearing loss. She has since relied — and will continue to rely — on hearing aids for the remainder of her life, and has recently had a cochlear implant fitted. As she grew older, it became apparent that she had also suffered from a brain injury, and she began attending a special needs school.

How We Helped Molly

We obtained supportive expert evidence from a GP, ENT consultant, Paediatrician, Infectious Diseases Consultant, Microbiologist, Neuroradiologist and Neuropsychologist.

We successfully alleged that the GP was negligent in failing to perform a reasonable examination of Molly (including failing to take her temperature, heart rate or respiratory rate), failed to pay sufficient attention to the fact that she had a three week history of infection, including a high temperature and rash, and failed to listen to mum’s concerns about her deterioration, including vomiting. Our GP expert also confirmed that there was a failure to advise Molly’s mother to return to her GP or hospital, if she deteriorated further, or did not improve by the following morning.

Had the GP suspected the serious bacterial infection and referred her to hospital, Molly could have been treated earlier, preventing misdiagnosed meningitis and the subsequent permanent hearing loss and brain injury.

Court proceedings were commenced due to a continued denial of liability. Following the joint expert discussions, and ahead of the trial, a settlement was agreed between the parties.

Our Commitment to Changing Lives

Resolution of this claim for damages will allow Molly’s family to request an interim payment of compensation, whilst the investigation into the valuation for compensation in her claim continues. The interim payment will allow the family to support their daughter, including case management, education costs, treatment costs and equipment. This will allow Molly to access resources that she needs as a result of her disabilities as well as reimbursement for the past gratuitous care and expenses that the family have paid to date.

Lucy Metters Comments on Molly’s Case

Lucy Metters, Associate, represented the family, under the supervision of Kay Taylor, Partner, 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 to be available at last.

Thank you to Michael Mylonas KC of Serjeant’s Inn Chambers for his help with achieving the settlement for Molly”.