Clinical Medical Negligence

Medical negligence: Proof: Quantum agreed. The puruser presented at his general practitioner with neck and upper arm pain. He also complained of other pain such as paraesthesia in his left hand. The pursuer thereafter underwent 4 operations. The first two operations consisted of a micro forminotomy......

Steel J held that that the defendant solicitor firm had been negligent in concluding settlement on behalf of the claimant without authority and in negligently failing to advise the claimant as to the ongoing issues arising in the group litigation, of which the claimant had previously thereto been a......

Failure to provide prompt and appropriate care and intensive support: The defendant hospital's negligent failure to provide prompt and appropriate care with intensive support was held to have caused the death of the claimant's wife from pneumonia. ......

Breach of duty established, but causation not established on the evidence. Although a hospital had been in breach of duty by not communicating to surgeons performing an operation the results of laboratory tests showing the presence of bacteria in a patient's existing surgical wound, and in not a......

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. ......

Medical: While the original decision not to perform a caesarean was an approach that would have been taken by a reasonable proportion of obstetricians at the time, the decision not to carry out an emergency caesarian thereafter was a breach of duty. That breach had been a material contribution to t......

The medical professional's evidence as to the advice he provided was to be preferred to that of the Claimants despite his failure to record such advice in notes. ......

No negligence where staff failed to diagnose and treat congenital spinal defect: Notwithstanding the claimant's symptoms, neither her doctor nor medical staff at a hospital where she was examined were at fault for failing to diagnose and treat a congenital spinal defect that resulted in her contrac......

Approach to Bolitho Principle. A trial judge's approach in a trial on the issue of liability to the legal principle in Bolitho v City and Hackney Health Authority (1997) 3 WLR 1151 was correct, but he should not have embarked upon it until expert witnesses had had a proper opportunity to explain w......

Judge Entitled To Prefer Patient's Evidence To That Of GP As To Whether A Consultation Took Place:- The Court of Appeal dismissed the appellant GP's appeal against a decision giving judgment for the respondent patient in the underlying clinical negligence claim for damages arising out of......

The failure by nurses to summon a doctor despite drastic falls in the heart and respiratory rates of an infant had on the balance of probabilities materially contributed to the cerebral atrophy subsequently suffered. ......

The failure by a doctor to disclose that he had been refused approval by another strategic health authority when asked to do so in the application form was sufficient grounds to suspend the doctor for one year even where the doctor had been told by one of the panel members who had refused his appro......

Walker J held that a general practitioner had not been negligent in failing to diagnose that a pregnant woman had suffered or may have suffered from a premature rupture of her womb membranes resulting in her baby being born prematurely at home and without medical support and such that he was left w......

Upon the trial of a preliminary issue of fact in a clinical negligence action, Mackay J was required to make preliminary factual findings as to what had occurred during a consultation by the claimant patient with the defendant general practitioner about a growth in his groin, which subsequently tra......

The Claimant was misdiagnosed by the Defendant GP. The GP diagnosed that the Claimant had colic when in fact he had meningitis. The Claimant suffered mental and physical disabilities as a consequence. The Claimant brought an action against the GP in negligence. That claim failed at first instanc......

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 ......

A sufficient relationship of proximity existed to justify the imposition of a duty of care between a family seeking damages for wrongful birth and a third party laboratory that had prepared a sample of tissue for pre-natal DNA analysis on behalf of the defendant NHS trust. ......

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 ben......

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. ......