INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF KIRSTY CAMPBELL MCQUEEN [2010] ScotSC 133 (05 August 2010)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF KIRSTY CAMPBELL MCQUEEN [2010] ScotSC 133 (05 August 2010)

The cause of death was sepsis and acute pyelonephritis, with epilepsy as a secondary factor. The refusal of hospital admission by the deceased, after being repeatedly advised by ambulance personnel, was a reasonable exercise of patient autonomy. There were no defects in the system of working or in the actions of the ambulance staff that contributed to the death. Even if the deceased had been admitted to hospital, sepsis may have caused irreversible damage. No recommendations for systemic change were warranted based on the evidence.

Citation
[2010] ScotSC 133
Parties
Deceased: Kirsty Campbell McQueen; Procurator Fiscal (crown): Mrs Catriona Dalrymple; Interested Party: Scottish Ambulance Service (SAS); Interested Party: NHS 24; Interested Party: Mrs Fotheringham and family
Jurisdiction
Scotland
Judgment Date
05 August 2010
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death determined to be from sepsis and acute pyelonephritis, with epilepsy as a secondary factor. No defects in system of working found. No recommendations for systemic change made.
Legal Topics
Patient Consent, Medical Negligence, Emergency Medical Services, Sepsis, Epilepsy, Ambulance Protocols
Medical Law Public Health Law Administrative Law Patient Consent Medical Negligence Emergency Medical Services Sepsis Epilepsy +1 more

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Parties

Kirsty Campbell McQueen

Deceased

Mrs Catriona Dalrymple

Procurator Fiscal (crown)

Scottish Ambulance Service (SAS)

Interested Party

NHS 24

Interested Party

Mrs Fotheringham and family

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What was the cause of Kirsty Campbell McQueen's death?
  2. 2 Were there reasonable precautions whereby the death might have been avoided?
  3. 3 Were there defects in the system of working that contributed to the death?

Ratio Decidendi

The cause of death was sepsis and acute pyelonephritis, with epilepsy as a secondary factor. The refusal of hospital admission by the deceased, after being repeatedly advised by ambulance personnel, was a reasonable exercise of patient autonomy. There were no defects in the system of working or in the actions of the ambulance staff that contributed to the death. Even if the deceased had been admitted to hospital, sepsis may have caused irreversible damage. No recommendations for systemic change were warranted based on the evidence.

Court Disposition

Death determined to be from sepsis and acute pyelonephritis, with epilepsy as a secondary factor. No defects in system of working found. No recommendations for systemic change made.