Harding v Scott-Moncrieff

Harding v Scott-Moncrieff

The defendant breached the duty of care by failing to remain with the patient, failing to summon a 'blue light' ambulance, and failing to administer standard treatment. Had proper action been taken, the deceased would have survived and continued working. Damages are awarded accordingly.

Parties
Claimant: Anne Harding; Defendant: Nigel Scott-Moncrieff
Jurisdiction
England and Wales
Judgment Date
23 July 2004
Procedural Posture
Civil / Judgment
Outcome
Judgment for the claimant
Legal Topics
Duty of Care, Breach of Duty, Causation, Quantum, Bereavement Damages, Funeral Expenses, Dependency Claim
Medical Negligence Tort Duty of Care Breach of Duty Causation Quantum Bereavement Damages Funeral Expenses +1 more

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Parties

Anne Harding

Claimant

Nigel Scott-Moncrieff

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached the duty of care owed to the deceased
  2. 2 Whether breach of duty caused the death
  3. 3 Appropriate quantum of damages

Ratio Decidendi

The defendant breached the duty of care by failing to remain with the patient, failing to summon a 'blue light' ambulance, and failing to administer standard treatment. Had proper action been taken, the deceased would have survived and continued working. Damages are awarded accordingly.

Court Disposition

Judgment for the claimant

Orders

  • Bereavement damages of £7,500 awarded
  • Funeral expenses of £7,000 allowed