DETERMINATION IN TERMS OF THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF JOHN JOHNSTON [2011] ScotSC 200 (22 December 2011)
The primary cause of death was sepsis, most probably caused by infection of the TPN line, which itself was necessitated by complications from a misplaced PEG tube—a known but rare complication. There was no evidence of reasonable precautions or defects in systems that could have avoided the death, nor any other relevant circumstances. The medical care provided was appropriate given the circumstances and co-morbidities.
- Citation
- [2011] ScotSC 200
- Parties
- Deceased: John Johnston; Procurator Fiscal Depute (crown): Ms N Henderson; Family Representative: Mr Clark; NHS Fife Representative: Ms Lake
- Jurisdiction
- Scotland
- Judgment Date
- 22 December 2011
- Procedural Posture
- Fatal Accident Inquiry / Determination
- Outcome
- Death due to sepsis, infection of a Total Parenteral Nutrition (TPN) line, and complications of PEG insertion; no reasonable precautions or system defects identified; no other relevant circumstances.
- Legal Topics
- Medical Negligence, Hospital Procedure, Causation, Complications of Medical Procedures, Death Certification
Case Brief
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Parties
John Johnston
Deceased
Ms N Henderson
Procurator Fiscal Depute (crown)
Mr Clark
Family Representative
Ms Lake
NHS Fife Representative
Procedural Posture
Fatal Accident Inquiry / Determination
Legal Issues
- 1 What was the cause of John Johnston's death?
- 2 Were there reasonable precautions whereby the death might have been avoided?
- 3 Were there defects in any system of work which contributed to the death?
Ratio Decidendi
The primary cause of death was sepsis, most probably caused by infection of the TPN line, which itself was necessitated by complications from a misplaced PEG tube—a known but rare complication. There was no evidence of reasonable precautions or defects in systems that could have avoided the death, nor any other relevant circumstances. The medical care provided was appropriate given the circumstances and co-morbidities.
Court Disposition
Death due to sepsis, infection of a Total Parenteral Nutrition (TPN) line, and complications of PEG insertion; no reasonable precautions or system defects identified; no other relevant circumstances.
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