TAYLOR AND OTHERS AGAINST DAILLY HEALTH CENTRE AND OTHERS [2018] ScotCS CSOH_91 (04 September 2018)

TAYLOR AND OTHERS AGAINST DAILLY HEALTH CENTRE AND OTHERS [2018] ScotCS CSOH_91 (04 September 2018)

Dr Malloch did not depart from usual and normal practice and did not fall below the standard reasonably to be expected of an ordinarily competent general practitioner exercising reasonable skill and care. The symptoms presented were not consistent with a cardiac cause or pulmonary embolism, and the decision not to refer Mrs Taylor to hospital was not negligent. The duty to obtain informed consent under Montgomery does not extend to the exercise of professional judgment in diagnosis.

Citation
[2018] ScotCS CSOH_91
Parties
Pursuers: Jerry Taylor and Others; Defenders: Dailly Health Centre and Others
Jurisdiction
Scotland
Judgment Date
04 September 2018
Procedural Posture
Civil Medical Negligence / Proof on Liability Only
Outcome
Action dismissed; decree of absolvitor granted in favour of defenders.
Legal Topics
Standard of Care, Professional Negligence, Duty to Refer for Emergency Treatment, Informed Consent, Interpretation of Medical Evidence
Medical Negligence Tort Law Standard of Care Professional Negligence Duty to Refer for Emergency Treatment Informed Consent Interpretation of Medical Evidence

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Parties

Jerry Taylor and Others

Pursuers

Dailly Health Centre and Others

Defenders

Procedural Posture

Civil Medical Negligence / Proof on Liability Only

Legal Issues

  1. 1 Whether Dr Malloch was negligent in failing to refer Mrs Taylor to hospital for possible acute coronary syndrome or pulmonary embolism
  2. 2 Whether Dr Malloch failed to obtain informed consent as required by Montgomery v Lanarkshire Health Board

Ratio Decidendi

Dr Malloch did not depart from usual and normal practice and did not fall below the standard reasonably to be expected of an ordinarily competent general practitioner exercising reasonable skill and care. The symptoms presented were not consistent with a cardiac cause or pulmonary embolism, and the decision not to refer Mrs Taylor to hospital was not negligent. The duty to obtain informed consent under Montgomery does not extend to the exercise of professional judgment in diagnosis.

Court Disposition

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

Orders

  • Sustain defenders’ second and third pleas in law.
  • Repel pursuers’ pleas.