Appeal to the Court of Session under the General Medical Council's Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988:- In April 2007, following an eight day hearing, the panel found the appellant guilty of serious professional misconduct:- "The panel has come to the view that your actions as described (attachment 1) bring the profession into disrepute and demonstrate a serious departure (from) the standard of conduct that the public is entitled to expect ...
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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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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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Civil Proof on Causation
Kyle McKenzie (12) suffered from cerebral palsy which was caused by events at his birth in 1994. The proof here related solely to the timing of the events that caused that condition the defenders having lodged a Minute of Admission of Liability in the terms:- "...the defenders hereby admit liability to make reparation to the pursuer, as guardian for Kyle McKenzie, for any loss, injury and damage sustained by Kyle McKenzie as a result of his not being born by 2140 hours on 25 February 1994". The ...
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