Personal injury news

Fit young man suffering stroke after negligent diagnosis wins claim against GP

A fit rugby player who suffered a 'catastrophic' stroke just over a year after his GP diagnosed him as suffering from a migraine today won the right to massive compensation at London's High Court.

Judge Mr Justice Grigson, ruled that, but for Cumbrian GP Michael Townend's 'negligent' diagnosis, disaster could have been averted and Adrian Bowe, now 30, would probably have escaped a lifetime of disability.

In his ruling, Mr Justice Grigson accepted Dr Townend, who practices at Cockermouth, Cumbria, was an 'unreliable witness' whose evidence bore 'all the hallmarks of gradual improvement with the passage of time'.

The judge said that, despite having been born with a hole in the heart which healed spontaneously, Mr Bowe was a fit young rugby player, aged just 24, when he attended the GP's surgery on January 22 1999 complaining of sudden loss of vision in one eye and a left-sided headache.

The GP diagnosed a migraine but, on April 19 2000 Mr Bowe collapsed. The judge said he had suffered a 'catastrophic stroke' which was probably the result of an underlying heart defect.

And Mr Justice Grigson ruled: 'There is now no dispute that Dr Townend's diagnosis of migraine on January 22 1999 was incorrect. The question is whether this misdiagnosis was negligent. I am satisfied that it was'.

Mr Bowe had made previous visits to the surgery where he saw other doctors complaining of, amongst other things, headaches, grogginess and acute dizziness and 'labyrinthitis' was twice diagnosed, the court heard.

One doctor referred him to a specialist consultant who said he suspected Mr Bowe had suffered a 'transient ischaemic attack' (TIA) although that would have been very unusual in a man his age. All tests proved negative, but the consultant said in a December 1997 letter that he wanted to be kept informed if Mr Bowe suffered any further episodes.

Dr Townend, the judge said, had a particular interest in neurology and had spent six months in day to day charge of a general neurological ward. He was involved in the training of other GPs.

In his defence, the GP argued that, although TIA was one of the possibilities running through his mind at the January 1999 consultation, Mr Bowe's symptoms were 'totally different' and more indicative of a migraine attack.

Mr Bill Braithwaite QC, for Mr Bowe, had 'launched a full frontal assault on Dr Townend's integrity'. Describing the GP as an 'unreliable witness', the barrister said that 'his evidence, taken as a whole, has all the hallmarks of gradual improvement with the passage of time'.

And Mr Justice Grigson ruled: 'I am driven to accept that submission. In certain specific matters, it is my conclusion that he has been unable to distinguish between that which he should have done as best practice, and possibly his usual practice, and that which he actually did. His recollection has been coloured by the consequences of his misdiagnosis. I reject particular aspects of his evidence'.

Finding in favour of Mr Bowe, the judge added: 'Dr Townend's conduct fell below the standard expected of a reasonably competent general practitioner. Dr Towend's failure was one of omission'.

Mr Justice Grigson also accepted that, had a correct diagnosis been made, Mr Bowe would have accepted treatment with blood-thinning drug, Warfarin - despite the impact the drug would have had on his lifestyle and Rugby playing - and the catastrophic stroke would probably have been averted.

Unless final settlement terms are agreed in the meantime, the amount of Mr Bowe's compensation will have to be assessed at another court hearing.

Mr Bowe has been left seriously and permanently disabled by the stroke. Suffering from left-sided paralysis, his mobility is so restricted that he needs a wheelchair outside his home. He also suffers from epilepsy and his lawyers say he will never be capable of living fully independently.