Bennett v. Scottish Board of Health [1921] ScotLR 496 (23 June 1921)

Bennett v. Scottish Board of Health [1921] ScotLR 496 (23 June 1921)

The statutory bodies had jurisdiction to decide complaints regarding a panel doctor's conduct, including abusive language, during official medical attendance, as such conduct falls within 'medical attendance and treatment' under the Regulations. The decision of the Board of Health is final and not subject to review...

Source-derived case information.

Citation
[1921] ScotLR 496
Parties
Pursuer: Simon H. Bennett; Defender: Scottish Board of Health; Defender: Insurance Committee for the Burgh of Glasgow; Defender: Medical Service Sub-Committee for the Burgh of Glasgow
Jurisdiction
Scotland
Judgment Date
23 June 1921
Procedural Posture
Action of Declarator and Reduction / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
action dismissed
Legal Topics
Jurisdiction of Statutory Bodies, Scope of 'medical Treatment' Under National Insurance Act, Professional Conduct of Panel Practitioners, Finality of Administrative Decisions
Administrative Law Health Law Insurance Law Jurisdiction of Statutory Bodies Scope of 'medical Treatment' Under National Insurance Act Professional Conduct of Panel Practitioners Finality of Administrative Decisions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Simon H. Bennett

Pursuer

Scottish Board of Health

Defender

Insurance Committee for the Burgh of Glasgow

Defender

Medical Service Sub-Committee for the Burgh of Glasgow

Defender

Procedural Posture

Action of Declarator and Reduction / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether statutory bodies had jurisdiction to decide complaints about a panel doctor's abusive language during official medical attendance
  2. 2 Whether 'medical attendance and treatment' includes professional conduct and language used by the doctor during visits

Ratio Decidendi

The statutory bodies had jurisdiction to decide complaints regarding a panel doctor's conduct, including abusive language, during official medical attendance, as such conduct falls within 'medical attendance and treatment' under the Regulations. The decision of the Board of Health is final and not subject to review by the Court, absent bad faith or procedural unfairness.

Court Disposition

action dismissed

Orders

  • The Court adhered to the Lord Ordinary's judgment dismissing the action as incompetent and irrelevant.