MALCOLM MURRAY SENIOR (AP) & YVONNE MURRAY (AP) v. LOTHIAN HEALTH BOARD [2011] ScotSC 156 (07 October 2011)

MALCOLM MURRAY SENIOR (AP) & YVONNE MURRAY (AP) v. LOTHIAN HEALTH BOARD [2011] ScotSC 156 (07 October 2011)

The pleadings against the admitting nurse, named nurse, and nurse in charge failed to specify the basis for the alleged duties, the content of usual and normal practice, and the factual link between breach and harm. The sheriff was correct to exclude these cases from probation for lack of specification and relevancy. Only the case against Staff Nurse Alan Murray remains.

Citation
[2011] ScotSC 156
Parties
Pursuer & Appellant: Malcolm Murray, Senior; Pursuer & Appellant: Yvonne Murray; Defender & Respondent: Lothian Health Board
Jurisdiction
Scotland
Judgment Date
07 October 2011
Procedural Posture
Civil Reparation (negligence) / Appeal From Sheriff's Interlocutor
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Professional Negligence, Duty of Care, Specification of Pleadings, Standard of Care, Causation
Medical Negligence Tort/delict Healthcare Law Professional Negligence Duty of Care Specification of Pleadings Standard of Care Causation

Case Brief

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Parties

Malcolm Murray, Senior

Pursuer & Appellant

Yvonne Murray

Pursuer & Appellant

Lothian Health Board

Defender & Respondent

Procedural Posture

Civil Reparation (negligence) / Appeal From Sheriff's Interlocutor

Legal Issues

  1. 1 Whether the pleadings against certain nursing staff disclosed a relevant and sufficiently specified case of negligence to proceed to proof
  2. 2 Whether the duties pled were adequately supported by factual averments and legal standards

Ratio Decidendi

The pleadings against the admitting nurse, named nurse, and nurse in charge failed to specify the basis for the alleged duties, the content of usual and normal practice, and the factual link between breach and harm. The sheriff was correct to exclude these cases from probation for lack of specification and relevancy. Only the case against Staff Nurse Alan Murray remains.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Cause continued on the question of expenses to a date to be afterwards fixed.
  • Cause remitted to sheriff at Livingston to proceed with the case remaining against Staff Nurse Alan Murray.