McNicol, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 80 (25th February, 2002)

McNicol, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 80 (25th February, 2002)

The death of James McNicol was caused by multi organ failure secondary to necrotising fasciitis and toxin producing organisms, originating from a localised infection in the left thigh. There was no evidence of any precautions or defects in a system of work that could have avoided the death, nor any substance to criticism of the medical treatment provided.

Citation
[2002] ScotSC 80
Parties
Deceased: James McNicol; Partner/complainant: Susan Shivers
Jurisdiction
Scotland
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
Death determined as due to natural causes related to drug use and infection; no fault found with medical care.
Legal Topics
Fatal Accident Inquiry, Drug Related Death, Medical Treatment, Necrotising Fasciitis
Coronial Law Public Health Law Fatal Accident Inquiry Drug Related Death Medical Treatment Necrotising Fasciitis

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Parties

James McNicol

Deceased

Susan Shivers

Partner/complainant

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

  1. 1 Cause of death of James McNicol
  2. 2 Whether precautions could have prevented the death
  3. 3 Whether death was due to a defect in a system of work

Ratio Decidendi

The death of James McNicol was caused by multi organ failure secondary to necrotising fasciitis and toxin producing organisms, originating from a localised infection in the left thigh. There was no evidence of any precautions or defects in a system of work that could have avoided the death, nor any substance to criticism of the medical treatment provided.

Court Disposition

Death determined as due to natural causes related to drug use and infection; no fault found with medical care.