Masterton (AP) v Health Centre Kirkliston & Anor [2000] ScotCS 32 (2 February 2000)

Masterton (AP) v Health Centre Kirkliston & Anor [2000] ScotCS 32 (2 February 2000)

The pursuer failed to prove on the balance of probabilities that earlier referral and treatment would have prevented his paraplegia; the risk was always present and not materially increased by any delay attributable to the defenders.

Citation
[2000] ScotCS 32
Parties
Pursuer: James Samson Masterton (AP); Defender: The Health Centre Kirkliston; Defender: Dr Robert M. Milne
Jurisdiction
Scotland
Judgment Date
02 February 2000
Procedural Posture
Civil Medical Negligence / Judgment After Proof (trial)
Outcome
Decree of absolvitor (defenders absolved of liability)
Legal Topics
Standard of Care, Causation, Damages, Duty to Refer, General Practitioner Liability
Medical Negligence Tort Law Standard of Care Causation Damages Duty to Refer General Practitioner Liability

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Parties

James Samson Masterton (AP)

Pursuer

The Health Centre Kirkliston

Defender

Dr Robert M. Milne

Defender

Procedural Posture

Civil Medical Negligence / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether Dr Milne was negligent in failing to refer the pursuer to a specialist earlier
  2. 2 Whether earlier referral would, on the balance of probabilities, have prevented the pursuer's paraplegia

Ratio Decidendi

The pursuer failed to prove on the balance of probabilities that earlier referral and treatment would have prevented his paraplegia; the risk was always present and not materially increased by any delay attributable to the defenders.

Court Disposition

Decree of absolvitor (defenders absolved of liability)

Orders

  • Action dismissed; no damages awarded to pursuer.