Edgar v. Lamont [1914] ScotLR 208 (17 January 1914)

A patient has title to sue a medical practitioner for personal injuries caused by alleged negligence, even if the practitioner was called by the patient's husband and the contract for services was with the husband. The duty breached is delictual, not contractual, and the patient is the proper party to claim damages for personal injury.

Citation: [1914] ScotLR 208
Parties: Pursuer: Mrs Jessie M'Intosh or Edgar; Pursuer's Curator and Administrator in Law: Peter Edgar, J.P.; Defender: Alexander Lamont, M.B., C.M.
Jurisdiction: Scotland
Judgment Date: 17 January 1914
Procedural Posture: Reparation (damages) Action / Inner House Appeal (reclaiming Motion) From Lord Ordinary
Outcome: Appeal dismissed; plea of no title to sue repelled; Lord Ordinary's decision adhered to.
Legal Topics: Negligence, Title to Sue, Professional Duty, Husband and Wife, Medical Malpractice

Tort Medical Negligence Family Law Negligence Title to Sue Professional Duty Husband and Wife Medical Malpractice

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 1

Parties

Mrs Jessie M'Intosh or Edgar

Pursuer

Peter Edgar, J.P.

Pursuer's Curator and Administrator in Law

Alexander Lamont, M.B., C.M.

Defender

Procedural Posture

Reparation (damages) Action / Inner House Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

1 Whether a married woman has title to sue a medical practitioner for personal injuries caused by alleged negligence when the practitioner was called by her husband.
2 Whether the action arises ex contractu or ex delicto.

Ratio Decidendi

Court Disposition

Appeal dismissed; plea of no title to sue repelled; Lord Ordinary's decision adhered to.

Orders

Plea of no title to sue repelled.
Case to proceed to inquiry on the merits.