VIOLET PATERSON AND OTHERS AGAINST LANARKSHIRE HEALTH BOARD [2023] ScotCS CSOH_1 (06 January 2023)

VIOLET PATERSON AND OTHERS AGAINST LANARKSHIRE HEALTH BOARD [2023] ScotCS CSOH_1 (06 January 2023)

Dr Vusikala, acting for Lanarkshire Health Board, breached the duty of care by failing to arrange timely and adequate post-discharge follow-up for a psychiatric inpatient at high risk of suicide. The 24-day delay in community psychiatric nurse and outpatient review was not in accordance with accepted practice, given the deceased's history and risk profile. This breach led to a foreseeable deterioration in her mental health, and, on the balance of probabilities, her death would have been avoided with competent care. The defenders are liable in damages.

Citation
[2023] ScotCS CSOH_1
Parties
Pursuer: Violet Paterson; Pursuer: Ross Paterson; Pursuer: Janet Findlay; Pursuer: Alissa Giblen; Pursuer: Kristofer William Giblen; Defender: Lanarkshire Health Board
Jurisdiction
Scotland
Judgment Date
06 January 2023
Procedural Posture
Civil Medical Negligence / Judgment After Proof (trial)
Outcome
Liability established against Lanarkshire Health Board for negligence resulting in death.
Legal Topics
Duty of Care, Breach of Duty, Causation, Standard of Care, Psychiatric Injury, Damages for Death, Hospital Discharge Planning
Medical Negligence Tort/delict Mental Health Law Duty of Care Breach of Duty Causation Standard of Care Psychiatric Injury +2 more

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Parties

Violet Paterson

Pursuer

Ross Paterson

Pursuer

Janet Findlay

Pursuer

Alissa Giblen

Pursuer

Kristofer William Giblen

Pursuer

Lanarkshire Health Board

Defender

Procedural Posture

Civil Medical Negligence / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether Dr Vusikala, as agent of Lanarkshire Health Board, breached the duty of care in post-discharge planning for a psychiatric inpatient at high risk of suicide; whether such breach caused the deceased's death; whether the standard of care was met in arranging follow-up and support after discharge.

Ratio Decidendi

Dr Vusikala, acting for Lanarkshire Health Board, breached the duty of care by failing to arrange timely and adequate post-discharge follow-up for a psychiatric inpatient at high risk of suicide. The 24-day delay in community psychiatric nurse and outpatient review was not in accordance with accepted practice, given the deceased's history and risk profile. This breach led to a foreseeable deterioration in her mental health, and, on the balance of probabilities, her death would have been avoided with competent care. The defenders are liable in damages.

Court Disposition

Liability established against Lanarkshire Health Board for negligence resulting in death.

Orders

  • Damages to be awarded to pursuers under section 4(3)(b) of the Damages (Scotland) Act 2011, quantum to be determined.
  • Lump sum awards for loss of services to fourth and fifth pursuers.