Johnstone, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1986 [2002] ScotSC 76 (25th February, 2002)
No criticism attaches to the fact that the deceased was not kept in hospital at the time of his attendance; outward signs of infection were not such as to point to its existence; medical staff acted appropriately based on available evidence.
- Citation
- [2002] ScotSC 76
- Parties
- Deceased: Samuel Johnstone; Witness: Hope House staff; Witness: Big Issue staff; Consultant Accident and Emergency Surgeon: Mr Ian Anderson; Senior House Officer: Miss Doran; Medical Staff: Surgical specialist registrar; Medical Staff: General practitioner
- Jurisdiction
- Scotland
- Procedural Posture
- Fatal Accident Inquiry / Determination
- Outcome
- Death due to multi-organ failure secondary to clostridial myonecrosis, necrotising fasciitis, and toxin producing organisms; no evidence of precautions or defects in system of work that could have avoided death.
- Legal Topics
- Fatal Accidents Inquiry, Medical Negligence, Drug Addiction, Hospital Treatment, Necrotising Fasciitis
Case Brief
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Parties
Samuel Johnstone
Deceased
Hope House staff
Witness
Big Issue staff
Witness
Mr Ian Anderson
Consultant Accident and Emergency Surgeon
Miss Doran
Senior House Officer
Surgical specialist registrar
Medical Staff
General practitioner
Medical Staff
Procedural Posture
Fatal Accident Inquiry / Determination
Legal Issues
- 1 Whether precautions could have avoided the death
- 2 Whether death was caused by a defect in a system of work
- 3 Adequacy of medical treatment provided
Ratio Decidendi
No criticism attaches to the fact that the deceased was not kept in hospital at the time of his attendance; outward signs of infection were not such as to point to its existence; medical staff acted appropriately based on available evidence.
Court Disposition
Death due to multi-organ failure secondary to clostridial myonecrosis, necrotising fasciitis, and toxin producing organisms; no evidence of precautions or defects in system of work that could have avoided death.
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