A dermatologist was not liable for the death of a patient who had been referred for facial lesions and had subsequently dies as a result of a mole on the back of his neck metastasing to other parts of his body. Although the dermatologist had examined the neck and saw the mole its appearance was benign.
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Professional ConductComplaints against the general and vascular surgeon arose in part from procedures carried out more than five years before the complaints. In refusing to stay the disciplinary proceedings the registrar had erred because there were no exceptional circumstances requiring an investigation in the public interest outside the normal time limit. The council had no power to re-open a previously closed complaint. Even if it had the power to re-open a complaint that power had to be exer ...
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Diet of debate - Relevency and Specification - Claim in respect of clinical negligence - Failure to include averments re tests laid down in Hunter v Hanley The Pursuer raised an action for damages against the Defenders. The Pursuer alleged that midwives involved in her care at the time of the birth of her son had been negligent. At a Diet of Debate the Defenders’ principal criticism of the Pursuer’s pleadings was that they did not contain an appropriate averment that the midwives' cou ...
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Proof - Medical Negligence
Robbie Scott (15) suffered from cerebral palsy. In this action he sought damages for alleged medical negligence. The parties agreed the level of damages to be awarded in the event of a finding of negligence. Proof here therefore was restricted to whether or not Dr Tara Cooper, who was then a senior registrar, was negligent in her care for the pursuer in the final minutes of his mother's labour in the early hours of 16 June 1990. Where the pursuer alleges deviation from normal medical practice, h ...
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The Claimant’s late wife had given birth at the Defendant hospital and returned home the following day. The baby remained in the hospital’s special care unit. Six days later the Claimant’s wife had complained of headaches in the mornings. The following day she was too unwell to attend hospital. She subsequently suffered fits and fell unconscious. The following day she passed away of cerebral vinous sinus thrombosis. The hospital admitted breach of duty and accepted that had she been admitted for ...
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The general practitioner's failure to immediately refer a patient suffering from bilateral sciatica to a surgeon was not negligent. On the facts, a surgeon would not have been negligent in not admitting the patient for surgery, and so it followed that the general practitioner could not be negligent for failing to make a same-day referral.
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When dispensing a prescription, a pharmacist was required to consider whether the medication prescribed was suitable for the patient; where there had been a change to the strength or dose of the patient's medication, the question to be asked was whether the prescription really represented what the doctor had intended to prescribe or whether it was a mistake. Failure to question, where necessary, the correctness of the prescription with either the doctor or the patient was conduct below that whic ...
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On the balance of probabilities, the cause of the injuries sustained by the claimant at her birth was a stroke rather than hypoxia. The stroke had occurred before the time when the NHS trust ought to have induced delivery and therefore causation could not be established.
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The judge had been entitled not to exercise his discretion to disapply the limitation period in a case where the claimant was suing a psychiatrist, as a result of an allegedly negligent diagnosis, seven years out of time.
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On the evidence, a general practitioner was not liable in negligence to the claimant for failing to diagnose a sub-arachnoid haemorrhage and refer her to hospital as she had presented with unusual symptoms. Even if there had been negligence, it was likely that the claimant would have suffered a stroke in any event.
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