ANDREWS, GEORGE ANDREWS AGAINST GREATER GLASGOW HEALTH BOARD [2019] ScotCS CSOH_31 (22 March 2019)

ANDREWS, GEORGE ANDREWS AGAINST GREATER GLASGOW HEALTH BOARD [2019] ScotCS CSOH_31 (22 March 2019)

Dr Izzath was negligent in failing to advise the deceased that she should be admitted to hospital on 6 January 2013. The deceased would have accepted the advice and been admitted. The failure to advise admission breached the standard of care expected of an ordinarily competent doctor, regardless of Dr Izzath's junior status. The negligence was causative of the deceased's death.

Citation
[2019] ScotCS CSOH_31
Parties
Pursuer: George Andrews; Defender: Greater Glasgow Health Board
Jurisdiction
Scotland
Judgment Date
22 March 2019
Procedural Posture
Personal Injury/medical Negligence / Judgment After Proof
Outcome
Liability established; judgment for pursuer
Legal Topics
Standard of Care for Junior Doctors, Duty to Advise Admission, Causation in Medical Negligence, Hospital Discharge Procedures
Tort Medical Negligence Standard of Care for Junior Doctors Duty to Advise Admission Causation in Medical Negligence Hospital Discharge Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

George Andrews

Pursuer

Greater Glasgow Health Board

Defender

Procedural Posture

Personal Injury/medical Negligence / Judgment After Proof

Legal Issues

  1. 1 Was Dr Izzath negligent in failing to advise admission to hospital?
  2. 2 Did the failure cause the deceased's death?
  3. 3 Is the standard of care for junior doctors the same as for experienced doctors?

Ratio Decidendi

Dr Izzath was negligent in failing to advise the deceased that she should be admitted to hospital on 6 January 2013. The deceased would have accepted the advice and been admitted. The failure to advise admission breached the standard of care expected of an ordinarily competent doctor, regardless of Dr Izzath's junior status. The negligence was causative of the deceased's death.

Court Disposition

Liability established; judgment for pursuer

Orders

  • Defender to pay damages to pursuer
  • Defender to pay expenses