Mules v Ferguson  QSC 51 saw a claim alleging delay on the part of a general practitioner, in the referral of the patient to a specialist for treatment of a rare form of meningitis.
After a detailed consideration of the history, the court found at  that the patient’s symptoms did not warrant referral for urgent or specialist assessment. At  the court appears to have found a breach of duty in failing to perform a physical examination of the neck, but causation was not found in relation to that breach as the examination would not have detected anything.
The court at  held that the defendant acted in a way that was widely accepted by peers as competent. It is not entirely clear whether that finding related to the breach referred to in .
Dealing with causation regarding the prognosis had the patient been treated was addressed in more detail at  ff. At  the court found that had the patient been treated by a particular date, she would not have suffered her permanent injuries.
A notional damages assessment saw the court apply a 12% discount not only for future economic loss but for all future damages. The reasoning behind that approach is not evident in the decision.