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AP v Dr Janice Duncan and others [2013] CSOH 41 - 8/3/2013


Procedure roll: plea to relevancy by first defenders: the pursuer brought an action for damages for negligence of the first and second defenders in respect of treatment she was given as a result of the findings of a urine sample. The pursuer attended at the first defenders complaining of sickness. She provided a urine test and blood test. The urine test was to check for pregnancy and the blood test was to check the health of her liver. The urine test was erroneously sent for bacteriological testing rather than pregnancy testing by the first defenders. On receipt of the urine test, the pursuer averred that she was told by the second defender (a locum doctor) that she was not pregnant and that she was suffering from possible thyroid problems. The pursuer was then administered with radioactive iodine at hospital. The pursuer then discovered that she had in fact been pregnant. Averred by the pursuer: that the radioactive iodine permanently damaged her baby's thyroid gland; that the first defenders were negligent in failing to employ procedures which ensured that the correct test was carried out on her urine; that the second defender was negligent in advising her erroneously that she was not pregnant. The first defenders argued that the case against them was irrelevant and that there was no causal link between the alleged acts and ommissions of the first defenders and the loss, injury and damage. Considered: what the foreseeable evidence might be at proof. Plea to the relevancy refused. Proof Before Answer allowed.