Donald & Ors v Ayrshire and Arran Health Board [2013] ScotCS CSOH_23 (07 February 2013)

Donald & Ors v Ayrshire and Arran Health Board [2013] ScotCS CSOH_23 (07 February 2013)

The court found that Dr Cleland failed to exercise reasonable care by not referring Mrs Donald to hospital on 28 July 2003, given her history, symptoms of breathlessness, chest tightness, and reported leg pain. The court accepted the evidence that leg pain was reported and that a reasonable GP would have considered DVT and referred her. The court found that this failure materially contributed to Mrs Donald's death. The action against the first defenders (the Health Board) was abandoned. The court accepted the agreed quantum of damages in the event of liability.

Citation
[2013] ScotCS CSOH_23
Parties
Pursuers: Robin Donald and Others; First Defenders: Ayrshire & Arran Health Board; Second Defenders: Ballochmyle Practice (Dr John Cleland, Dr David Richardson, et al)
Jurisdiction
Scotland
Judgment Date
07 February 2013
Procedural Posture
Civil Medical Negligence / Judgment After Proof (trial)
Outcome
Action against first defenders dismissed; decree for pursuers against second defenders (GPs) for agreed damages.
Legal Topics
Duty of Care, Standard of Care, Causation, Damages, Clinical Judgment, Expert Evidence
Medical Negligence Tort Law Civil Procedure Duty of Care Standard of Care Causation Damages Clinical Judgment +1 more

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Parties

Robin Donald and Others

Pursuers

Ayrshire & Arran Health Board

First Defenders

Ballochmyle Practice (Dr John Cleland, Dr David Richardson, et al)

Second Defenders

Procedural Posture

Civil Medical Negligence / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether Dr Cleland was negligent in failing to refer Mrs Donald on 28 July 2003
  2. 2 Whether Dr Richardson was negligent in failing to refer Mrs Donald on 4 August 2003
  3. 3 Whether Mrs Donald was suffering from DVT on 28 July and/or 4 August 2003

Ratio Decidendi

The court found that Dr Cleland failed to exercise reasonable care by not referring Mrs Donald to hospital on 28 July 2003, given her history, symptoms of breathlessness, chest tightness, and reported leg pain. The court accepted the evidence that leg pain was reported and that a reasonable GP would have considered DVT and referred her. The court found that this failure materially contributed to Mrs Donald's death. The action against the first defenders (the Health Board) was abandoned. The court accepted the agreed quantum of damages in the event of liability.

Court Disposition

Action against first defenders dismissed; decree for pursuers against second defenders (GPs) for agreed damages.

Orders

  • Decree of absolvitor granted in favour of Ayrshire & Arran Health Board (first defenders).
  • Decree for payment of agreed damages and interest by second defenders (GPs) to pursuers.