The outcome

The MDU obtained expert reports from a GP and neurologist. While the neurology experts on both sides of the case couldn't agree to what extent the risk of stroke was increased by hypertension, they acknowledged that there would nevertheless have been an increase.

None of the experts were able to say that had the patient been seen by his GP following the DVLA assessment, on the balance of probabilities his blood pressure reading would have been raised.

The claimant argued that because the patient's untreated hypertension carried an increased risk of stroke, it materially contributed to the subsequent strokes. The case eventually went to trial for the judge to determine the facts.

The court found in favour of the GP on the facts, and that he advised the patient to have his blood pressure checked by his own doctor. It also accepted that the GP did not make a diagnosis of white coat hypertension. On factual causation, the court held that the patient was given advice to attend his GP to have his blood pressure checked and didn't do so. It also found that the claimant had failed to prove that any subsequent blood pressure reading would have been raised.

The court determined that even if the GP had breached his duty of care by failing to advise the patient to have his blood pressure monitored by his own doctor, this would not have altered the outcome. The judge confirmed the 'but for' test applied, which asks, 'but for the existence of x, would y have happened?'

In light of the patient's lifestyle the judge also commented that even if the court had found the GP to be liable, any damages would have been reduced by 25%. This reflected contributory negligence on the part of the patient for failing to have his blood pressure checked when advised to do so by his own GP five years after the DVLA assessment. The claim was dismissed and the MDU recovered their costs of defending the matter to trial.

Extent of responsibility in DVLA assessment

Extent of responsibility in DVLA assessment