McElvanney, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 77 (25th February, 2002)

McElvanney, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 77 (25th February, 2002)

There was no evidence of any precautions which might have avoided the death, nor was the death caused by any defect in a system of work. All appropriate medical treatment was provided and nothing further could have been done to save the deceased's life.

Citation
[2002] ScotSC 77
Parties
Deceased: Deborah McElvanney; Inquiry Judge: Edward F Bowen QC, Sheriff Principal
Jurisdiction
Scotland
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
No criticism attaches to the medical authorities; death was not preventable under the circumstances.
Legal Topics
Fatal Accident Inquiry, Necrotising Fasciitis, Drug Use, Medical Negligence, Hospital Death
Coronial Law Medical Law Fatal Accident Inquiry Necrotising Fasciitis Drug Use Medical Negligence Hospital Death

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Parties

Deborah McElvanney

Deceased

Edward F Bowen QC, Sheriff Principal

Inquiry Judge

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Whether any precautions could have prevented the death
  2. 2 Whether the death was caused by a defect in a system of work
  3. 3 Whether medical authorities were at fault in the treatment of the deceased

Ratio Decidendi

There was no evidence of any precautions which might have avoided the death, nor was the death caused by any defect in a system of work. All appropriate medical treatment was provided and nothing further could have been done to save the deceased's life.

Court Disposition

No criticism attaches to the medical authorities; death was not preventable under the circumstances.