JENNIFER MCCULLOCH AND OTHERS AGAINST FORTH VALLEY HEALTH BOARD [2021] ScotCS CSIH_21 (01 April 2021)

JENNIFER MCCULLOCH AND OTHERS AGAINST FORTH VALLEY HEALTH BOARD [2021] ScotCS CSIH_21 (01 April 2021)

The court held that Dr Labinjoh's decision not to prescribe NSAIDs was not negligent, as it was supported by a reasonable and logical body of medical opinion, and NSAIDs were not indicated in the absence of pain. The Lord Ordinary did not err in accepting Dr Bloomfield's expert evidence as independent and admissible. The duty to advise of risks and alternatives under Montgomery did not arise because NSAIDs were not a reasonable treatment option in the circumstances. The finding of negligence in failing to order a repeat echocardiogram was overturned, as Dr Labinjoh was not responsible for the patient's overall care and the evidence did not support that such omission was negligent. In any...

Citation
[2021] ScotCS CSIH_21
Parties
Pursuers: Jennifer McCulloch and Others; Defenders: Forth Valley Health Board
Jurisdiction
Scotland
Judgment Date
01 April 2021
Procedural Posture
Reclaiming Motion (appeal) – Medical Negligence / Inner House, Court of Session – Judgment on Appeal
Outcome
Appeal refused; cross-appeal allowed; Lord Ordinary's finding of negligence in respect of the echocardiogram overturned; pursuers' case dismissed.
Legal Topics
Standard of Care, Causation, Expert Evidence, Disclosure of Risks, Duty to Advise, Appellate Review
Medical Negligence Tort Law Civil Procedure Standard of Care Causation Expert Evidence Disclosure of Risks Duty to Advise +1 more

Case Brief

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Parties

Jennifer McCulloch and Others

Pursuers

Forth Valley Health Board

Defenders

Procedural Posture

Reclaiming Motion (appeal) – Medical Negligence / Inner House, Court of Session – Judgment on Appeal

Legal Issues

  1. 1 Whether Dr Labinjoh was negligent in failing to prescribe NSAIDs to Mr McCulloch.
  2. 2 Whether Dr Labinjoh was negligent in failing to instruct a repeat echocardiogram prior to discharge.
  3. 3 Whether any negligence was causative of Mr McCulloch's death.

Ratio Decidendi

The court held that Dr Labinjoh's decision not to prescribe NSAIDs was not negligent, as it was supported by a reasonable and logical body of medical opinion, and NSAIDs were not indicated in the absence of pain. The Lord Ordinary did not err in accepting Dr Bloomfield's expert evidence as independent and admissible. The duty to advise of risks and alternatives under Montgomery did not arise because NSAIDs were not a reasonable treatment option in the circumstances. The finding of negligence in failing to order a repeat echocardiogram was overturned, as Dr Labinjoh was not responsible for the patient's overall care and the evidence did not support that such omission was negligent. In any...

Court Disposition

Appeal refused; cross-appeal allowed; Lord Ordinary's finding of negligence in respect of the echocardiogram overturned; pursuers' case dismissed.

Orders

  • No damages awarded to pursuers.
  • No finding of negligence against Dr Labinjoh or Forth Valley Health Board.