The Claimant was diagnosed at birth with pulmonary valve atresia. An infusion was performer to improve the oxygen levels. A further operation was carried out to insert a shunt between the left subclavian artery and the left pulmonary artery thereby passing the closed or near closed pulmonary valve. It was discovered on a subsequent operation to insert a second shunt that the original shunt was too long and had resulted in a kink. This had restricted blood flow. The Claimant suffered from pervent ...
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A hospital breached its duty in failing to carry out a sufficiently thorough examination of a patient and by delaying the diagnosis of anterior compartment syndrome and caused disability.
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An e-mail from an NHS trust commenting on a doctor’s professionalism and honesty in response to an enquiry from another NHS trust investigating potential patient safety issues was protected by qualified privilege and there was no evidence of malice.
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Damages - Medical Negligence – Catherine Learmont died as a result of acute bacterial meningitis, which was the agreed cause of death. In this action, the question was whether a GP had been professionally negligent in her examination of Mrs Learmont. Two questions of primary fact arose:(1) What were her signs and symptoms when she consulted GP? and(2) What examination of Mrs Learmont did she perform? Then the question of professional negligence was ...
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A midwife injured in attempting to restrain a patient could recover against the anaesthetist’s employer for his failure to take proper precautions in failing to arrange for more staff to attend after an earlier assault and to fit cot sides to the bed.
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After a gallstone operation the Claimant had not been properly resuscitated. Had she been she would have been fit for corrective procedures. She would not have needed a subsequent operation which caused a tear in her liver or the consequential emergency operation would have been avoided. Both the negligent post-operative care and acute pancreatitis had been a material contribution to the Claimant’s overall weakness which had led to her fatal aspiration of vomit which in turn had caused cardiac a ...
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The injuries suffered by the Claimant were caused by an infection associated with the use of a canula during hospital treatment. Although the timing of the decision to insert the canula and the location of its insertion were not best practice they were not negligent. The failure to record the date the canula was inserted and to remove it after its initial use as well as the delay in failing to prescribe antibiotics were causative of the Claimant’s injuries and the trust was found liable.
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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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