Brayshaw v The Partners of Apsley Surgery & Anor

Facts

The claimant, Mrs Sally Brayshaw, became a patient of the Apsley Surgery, Stoke-on-Trent, in July 2012. The surgery was owned and operated by the first defendants, two partners who are not doctors. She had a long history of physical and psychiatric illness, including somatoform pain disorder, Addison's disease, depression, bulimia, opiate dependency and a colostomy, together with a troubled family background including childhood abuse. On 17 August 2012 she telephoned the surgery and was rung back by the second defendant, Dr Thomas O'Brien, a locum GP engaged by the first defendants on an ad hoc basis at £500 per day. During that call, and a longer call he later made from his home involving his wife, faith was discussed and an alternative "way of healing" without medication was offered. Over the following months the claimant was drawn into the O'Briens' Pentecostal church, prayer meetings and "testimonies". After a testimony meeting on 12 January 2013 her mental state deteriorated and she developed, among other things, a phobia of owls. She told her psychiatrist, Dr Jorsh, who complained to the General Medical Council; a Fitness to Practise Panel erased Dr O'Brien from the register in January 2015. A claim form was issued on 26 August 2015 alleging intentional infliction of harm, harassment and negligence against Dr O'Brien, and vicarious liability against the surgery partners. Dr O'Brien took no part in the proceedings.