Gerrard & Ors v. The Royal Infirmary Of Edinburgh NHS Trust [2005] ScotCS CSIH_10 (27 January 2005)

Gerrard & Ors v. The Royal Infirmary Of Edinburgh NHS Trust [2005] ScotCS CSIH_10 (27 January 2005)

The Lord Ordinary was entitled to accept the evidence of the defenders' expert, who supported the registrar's actions as reasonable in the circumstances; the pursuers failed to prove that the registrar's conduct fell below the standard of care required by law or that any such breach caused the death of the second twin; the appeal is refused and decree of absolvitor stands.

Citation
[2005] ScotCS CSIH_10
Parties
Pursuer and Reclaimer: Margaret Brown Gerrard (A.P.); Pursuer and Reclaimer: Raymond Alexander Waddell Gerrard (A.P.); Defender and Respondent: The Royal Infirmary of Edinburgh NHS Trust
Jurisdiction
Scotland
Judgment Date
27 January 2005
Procedural Posture
Reclaiming Motion (appeal) / Appeal From Lord Ordinary's Decision After Proof Before Answer
Outcome
Appeal refused; decree of absolvitor for defenders affirmed.
Legal Topics
Standard of Care, Causation, Medical Expert Evidence, Obstetric Negligence, Wrongful Death
Medical Negligence Tort Law Personal Injury Standard of Care Causation Medical Expert Evidence Obstetric Negligence Wrongful Death

Case Brief

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Parties

Margaret Brown Gerrard (A.P.)

Pursuer and Reclaimer

Raymond Alexander Waddell Gerrard (A.P.)

Pursuer and Reclaimer

The Royal Infirmary of Edinburgh NHS Trust

Defender and Respondent

Procedural Posture

Reclaiming Motion (appeal) / Appeal From Lord Ordinary's Decision After Proof Before Answer

Legal Issues

  1. 1 Whether Dr Busby-Earle was professionally negligent in not ordering an immediate Caesarean section upon diagnosing shoulder presentation of the second twin
  2. 2 Whether any such negligence caused or contributed to the death of the second twin

Ratio Decidendi

The Lord Ordinary was entitled to accept the evidence of the defenders' expert, who supported the registrar's actions as reasonable in the circumstances; the pursuers failed to prove that the registrar's conduct fell below the standard of care required by law or that any such breach caused the death of the second twin; the appeal is refused and decree of absolvitor stands.

Court Disposition

Appeal refused; decree of absolvitor for defenders affirmed.

Orders

  • Decree of absolvitor granted in favour of the defenders.
  • No damages awarded to pursuers.