INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JOHN AITKEN [2011] ScotSC 132 (17 August 2011)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JOHN AITKEN [2011] ScotSC 132 (17 August 2011)

The death of John Aitken might have been avoided by reasonable precautions including proper recording and implementation of monitoring instructions, continuous monitoring of blood saturation, provision of oxygen during transfer, and continuous observation. Defects in the hospital's system for transferring ill patients contributed to his death.

Citation
[2011] ScotSC 132
Parties
Deceased: John Aitken; Family of Deceased: Moira Aitken; Interested Party: Dumfries and Galloway Health Board; Prosecutor: The Crown
Jurisdiction
Scotland
Judgment Date
17 August 2011
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death might have been avoided by reasonable precautions; defects in the system contributed to death; no recommendations made as system has since been improved.
Legal Topics
Hospital Procedures, Patient Transfer, Medical Negligence, Resuscitation Decisions, Systemic Failures in Healthcare
Medical Law Coroners and Fatal Accident Inquiries Hospital Procedures Patient Transfer Medical Negligence Resuscitation Decisions Systemic Failures in Healthcare

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Parties

John Aitken

Deceased

Moira Aitken

Family of Deceased

Dumfries and Galloway Health Board

Interested Party

The Crown

Prosecutor

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Whether reasonable precautions could have avoided the death of John Aitken
  2. 2 Whether defects in the system of working contributed to the death
  3. 3 Whether the decision not to resuscitate should have been discussed with the deceased or his family

Ratio Decidendi

The death of John Aitken might have been avoided by reasonable precautions including proper recording and implementation of monitoring instructions, continuous monitoring of blood saturation, provision of oxygen during transfer, and continuous observation. Defects in the hospital's system for transferring ill patients contributed to his death.

Court Disposition

Death might have been avoided by reasonable precautions; defects in the system contributed to death; no recommendations made as system has since been improved.