Case Summaries Up To January 2006
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By Euan A. Dow on 26/01/2006 00:00
FAI re death in hospital
Carmella Kerr, date of birth 30th August 1922, died at the Ayr Hospital, Ayr on the 3rd of February 2004 at 14:35 hours.T he causes of death were (1) Large bowel obstruction (2) Sigmoid Colon Stenosis and (3) Diverticular Disease and II Ischaemic Heart Disease. Due to the death occurring in hospital while Mrs Kerr was under the care of medical practitioners and nursing staff which might give rise to public concern it was considered appropriate in terms of Section 6(1)(e) of the Act to hold an FA ...
By Euan A. Dow on 08/12/2005 00:00
FAI in relation to the death of a 62 year old woman following her admission to Ward One of Monklands District General Hospital in January 2004. Mrs Pullar died following a "presumed insulin excess " which resulted from her receiving ten times the intended
By Law Brief Publishing on 09/03/2005 00:00
The claimant’s claim for loss of dependency under s. 1(3)(b) of the Fatal Accident Act 1976 failed, where the Court found, on the evidence, that the claimant had not been living with the deceased, in the same household, for 2 years before his death. There needs to be at least 2 years’ continuous co-habitation to maintain a claim under s. 1(3)(b). A mere intention to live together, general sharing of shopping expenses or discontinuous co-habitation will not suffice.
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