Malone v Greater Glasgow & Clyde Health Board [2017] ScotCS CSOH_31 (24 February 2017)

Malone v Greater Glasgow & Clyde Health Board [2017] ScotCS CSOH_31 (24 February 2017)

The court found that Dr McQuaker's actions in December 2002 and May 2003 were within the range of responses expected of an ordinarily competent consultant haematologist. The pursuer's repeated failures to attend appointments, including the ECG, broke the chain of causation. There was no breach of duty by Dr McQuaker, and even if there had been, it was not established that any such breach caused the pursuer's injury.

Citation
[2017] ScotCS CSOH_31
Parties
Pursuer: Melissa Malone; Defender: Greater Glasgow and Clyde Health Board
Jurisdiction
Scotland
Judgment Date
24 February 2017
Procedural Posture
Clinical Negligence Action / Proof on Liability Only; Quantum Agreed If Liability Established
Outcome
Action dismissed
Legal Topics
Standard of Care for Medical Professionals, Informed Consent, Causation in Clinical Negligence, Scope of Duty, Remoteness of Damage
Medical Negligence Tort Law Health Law Standard of Care for Medical Professionals Informed Consent Causation in Clinical Negligence Scope of Duty Remoteness of Damage

Case Brief

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Parties

Melissa Malone

Pursuer

Greater Glasgow and Clyde Health Board

Defender

Procedural Posture

Clinical Negligence Action / Proof on Liability Only; Quantum Agreed If Liability Established

Legal Issues

  1. 1 Whether Dr McQuaker was negligent in discharging the pursuer from the haematology clinic in December 2002 without following up an echocardiogram (ECG) instruction;
  2. 2 Whether Dr McQuaker was negligent in not arranging to see the pursuer in May 2003 after GP referral;
  3. 3 Whether Dr McQuaker failed to ensure the pursuer was aware of alternative investigatory options (ECG) and associated risks;

Ratio Decidendi

The court found that Dr McQuaker's actions in December 2002 and May 2003 were within the range of responses expected of an ordinarily competent consultant haematologist. The pursuer's repeated failures to attend appointments, including the ECG, broke the chain of causation. There was no breach of duty by Dr McQuaker, and even if there had been, it was not established that any such breach caused the pursuer's injury.

Court Disposition

Action dismissed

Orders

  • No damages awarded
  • No finding of liability against the defenders