Janet, a 60-year-old woman, became unwell during the early hours of the morning, she was vomiting and felt extremely unwell. Her husband telephoned her GP surgery as soon as it opened on 24 December 1999. Dr S visited Janet at home. Janet's husband explained to Dr S that Janet had vomited during the early hours of the morning and had developed a dreadful headache, the worst headache she had ever had in her life. Dr S carried out a cursory examination of Janet and told Janet and M that Janet probably had food poisoning, he recommended that she stay in bed avoid food and drink boiled water.

Janet remained unwell, remained in bed and could not tolerate bright light. By 25 December 1999 M telephoned the GP again and explained Janet's worsening symptoms over the telephone. No further treatment was recommended.

On 26 December 1999, M telephoned the GP again and was referred to a locum doctor from CROYDOC deputising service. Dr K visited Janet at home and again was told that Janet had been vomiting since 24 December, could not tolerate light and had the worse headache she had ever had. Dr K said that if Janet continued to feel unwell the family should telephone for an ambulance to take her to hospital within the next 4 -6 hours.

The family could not wait that long and telephoned for an ambulance to take Janet to hospital. After waiting for over 8 hours Janet was discharged home having been diagnosed with a "flu virus". Janet was taken home by her family and nursed round the clock. She remained in a darkened room and M attended the GP surgery for advice regarding Janet's treatment and he was told to give Janet paracetamol.

On 30 December 1999 Janet collapsed at home and was taken by ambulance to Hospital. She was sent for a brain scan and this revealed that she had had a massive cerebral bleed in her brain and an aneurysm had also been seen on the scan. Janet was transferred to Kings College Hospital after midnight on 30 December 1999. On 4 January 2000 Janet underwent surgery to remove the blood clot, which was the size of a tangerine, the aneurysm was clipped and she was transferred to the Intensive Care Unit. On 19 January 2000 Janet was transferred to her local hospital and remained there until her discharge on 3 March 2000.

Results of case
A Claim Form was issued on 19 December 2002 against Drs S, K and S and the NHS Trust.. Defences were served. Witness Statements and Expert Evidence was served and a trial was fixed commencing 22 November 2004 with a time estimate of 5 days. A Stay was agreed to give the parties an opportunity to negotiate settlement. The Claimant put forward a Part 36 Offer of £135,000.00 prior to the Claimant's death and the Defendants put forward a joint settlement offer of £65,000.00 on 6 April 2004. The offer was increased to £72,500.00 following telephone negotiations. The Consent Order was approved on 17 June 2004.