Farrer (AP) v Lothian Health Board [1999] ScotCS 93 (31 March 1999)

Farrer (AP) v Lothian Health Board [1999] ScotCS 93 (31 March 1999)

The pursuer failed to prove on the balance of probabilities that she suffered a third-degree perineal tear at delivery or that Dr Osagie was negligent. Even if such a tear had occurred and been repaired, the evidence did not establish that this would probably have avoided the need for a colostomy due to severe bilateral pudendal nerve damage. Accordingly, negligence and causation were not established.

Citation
[1999] ScotCS 93
Parties
Pursuer: Sandra Farrer (AP); Defenders: Lothian Health Board
Jurisdiction
Scotland
Judgment Date
31 March 1999
Procedural Posture
Medical Negligence Action / Judgment After Proof (trial)
Outcome
Action dismissed; decree of absolvitor granted in favour of the defenders.
Legal Topics
Obstetric Injury, Standard of Care, Causation, Burden of Proof, Damages
Medical Negligence Tort Law Obstetric Injury Standard of Care Causation Burden of Proof Damages

Case Brief

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Parties

Sandra Farrer (AP)

Pursuer

Lothian Health Board

Defenders

Procedural Posture

Medical Negligence Action / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether Dr Osagie was negligent in failing to diagnose and repair a third-degree perineal tear during delivery
  2. 2 Whether the pursuer's injuries were caused by negligence
  3. 3 Whether causation was established between any negligence and the need for a colostomy

Ratio Decidendi

The pursuer failed to prove on the balance of probabilities that she suffered a third-degree perineal tear at delivery or that Dr Osagie was negligent. Even if such a tear had occurred and been repaired, the evidence did not establish that this would probably have avoided the need for a colostomy due to severe bilateral pudendal nerve damage. Accordingly, negligence and causation were not established.

Court Disposition

Action dismissed; decree of absolvitor granted in favour of the defenders.

Orders

  • Sustain the second and third pleas-in-law for the defenders.
  • Repel the pleas-in-law for the pursuer.