JENNIFER McCULLOCH AND OTHERS AGAINST FORTH VALLEY HEALTH BOARDS [2020] ScotCS CSOH_40 (07 May 2020)

JENNIFER McCULLOCH AND OTHERS AGAINST FORTH VALLEY HEALTH BOARDS [2020] ScotCS CSOH_40 (07 May 2020)

The defenders are not liable. Dr Labinjoh's actions on 3 April 2012 were supported by a responsible and reasonable body of medical opinion. The pursuers failed to establish that her conduct fell below the standard of ordinary skill and care required of a consultant cardiologist. There was no breach of duty and, even if there had been, causation was not established on the balance of probabilities.

Citation
[2020] ScotCS CSOH_40
Parties
Pursuers: Jennifer McCulloch and Others; Defenders: Forth Valley Health Boards
Jurisdiction
Scotland
Judgment Date
07 May 2020
Procedural Posture
Medical Negligence Action / Judgment After Proof (trial)
Outcome
Action dismissed
Legal Topics
Standard of Care for Medical Professionals, Causation in Medical Negligence, Expert Evidence, Prescription of Medication, Hospital Discharge Procedures
Medical Negligence Tort Law Personal Injury Standard of Care for Medical Professionals Causation in Medical Negligence Expert Evidence Prescription of Medication Hospital Discharge Procedures

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Parties

Jennifer McCulloch and Others

Pursuers

Forth Valley Health Boards

Defenders

Procedural Posture

Medical Negligence Action / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether Dr Labinjoh, consultant cardiologist, breached the standard of care owed to Mr McCulloch on 3 April 2012
  2. 2 Whether any such breach caused Mr McCulloch's death

Ratio Decidendi

The defenders are not liable. Dr Labinjoh's actions on 3 April 2012 were supported by a responsible and reasonable body of medical opinion. The pursuers failed to establish that her conduct fell below the standard of ordinary skill and care required of a consultant cardiologist. There was no breach of duty and, even if there had been, causation was not established on the balance of probabilities.

Court Disposition

Action dismissed

Orders

  • The pursuers' action is dismissed.
  • No damages awarded against the defenders.