INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JESSIE GILLESPIE TAYLOR [2011] ScotSC 61 (18 February 2011)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JESSIE GILLESPIE TAYLOR [2011] ScotSC 61 (18 February 2011)

There were no reasonable precautions whereby the death might have been avoided, no defects in any system of working which contributed to the death, and no other facts relevant to the circumstances of the death. All actions taken were reasonable and in accordance with protocols in place at the time, particularly given the context of the swine flu pandemic.

Citation
[2011] ScotSC 61
Parties
Prosecutor: The Crown; Interested Party: Family of Jessie Gillespie Taylor; Interested Party: NHS 24; Interested Party: Fife Health Board; Interested Party: Dr Susan Middlemiss
Jurisdiction
Scotland
Judgment Date
18 February 2011
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
No criticism of any party; no reasonable precautions or defects identified; no other relevant facts found.
Legal Topics
Fatal Accident Inquiry, Medical Negligence (not Determined), Hospital Protocols, Swine Flu Pandemic Procedures
Public Health Law Medical Law Fatal Accident Inquiry Medical Negligence (not Determined) Hospital Protocols Swine Flu Pandemic Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Crown

Prosecutor

Family of Jessie Gillespie Taylor

Interested Party

NHS 24

Interested Party

Fife Health Board

Interested Party

Dr Susan Middlemiss

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Whether there were reasonable precautions whereby the death of Jessie Gillespie Taylor might have been avoided
  2. 2 Whether there were defects in any system of working which contributed to the death
  3. 3 Whether any other facts were relevant to the circumstances of the death

Ratio Decidendi

There were no reasonable precautions whereby the death might have been avoided, no defects in any system of working which contributed to the death, and no other facts relevant to the circumstances of the death. All actions taken were reasonable and in accordance with protocols in place at the time, particularly given the context of the swine flu pandemic.

Court Disposition

No criticism of any party; no reasonable precautions or defects identified; no other relevant facts found.