INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF DAVID CLARK [2011] ScotSC 96 (12 May 2011)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF DAVID CLARK [2011] ScotSC 96 (12 May 2011)

David Clark died as a result of the adverse effects of heroin and methadone. The only reasonable precaution whereby the death might have been avoided was if he had not taken heroin after being prescribed and taking methadone under medical supervision. There were no defects in any system of working which contributed to the death.

Citation
[2011] ScotSC 96
Parties
Prosecutor: Procurator Fiscal Depute Ms Hutchison; Interested Party: Fife Health Board; Interested Party: Fife Council; Interested Party: Dr Lucinda Cockayne
Jurisdiction
Scotland
Judgment Date
12 May 2011
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
No accident; death due to adverse effects of heroin and methadone; no systemic defect found.
Legal Topics
Drug Related Death, Methadone Prescribing, Heroin Overdose, Medical Protocols, Addiction Treatment, Systemic Safeguards
Public Health Law Medical Law Drug Related Death Methadone Prescribing Heroin Overdose Medical Protocols Addiction Treatment Systemic Safeguards

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Parties

Procurator Fiscal Depute Ms Hutchison

Prosecutor

Fife Health Board

Interested Party

Fife Council

Interested Party

Dr Lucinda Cockayne

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What was the cause of David Clark's death?
  2. 2 Were there any reasonable precautions whereby the death might have been avoided?
  3. 3 Were there any defects in any system of working which contributed to the death?

Ratio Decidendi

David Clark died as a result of the adverse effects of heroin and methadone. The only reasonable precaution whereby the death might have been avoided was if he had not taken heroin after being prescribed and taking methadone under medical supervision. There were no defects in any system of working which contributed to the death.

Court Disposition

No accident; death due to adverse effects of heroin and methadone; no systemic defect found.