Johnston v Ayrshire & Arran Health Board [1998] ScotCS 63 (11 November 1998)

Johnston v Ayrshire & Arran Health Board [1998] ScotCS 63 (11 November 1998)

The pursuer failed to prove on the balance of probabilities that the sciatic nerve injury was caused by negligence or want of care by Mr McNally. The absence of detail in the operation notes did not establish a breach of duty, and the evidence did not show a departure from normal competent practice.

Citation
[1998] ScotCS 63
Parties
Pursuer: James Johnston; Defenders: Ayrshire and Arran Health Board
Jurisdiction
Scotland
Judgment Date
11 November 1998
Procedural Posture
Civil Medical Negligence / Judgment After Proof (trial)
Outcome
Pursuer's case dismissed; absolvitor granted to defenders.
Legal Topics
Standard of Care for Surgeons, Proof of Negligence, Operation Notes as Evidence, Res Ipsa Loquitor in Medical Cases
Medical Negligence Tort Law Standard of Care for Surgeons Proof of Negligence Operation Notes as Evidence Res Ipsa Loquitor in Medical Cases

Case Brief

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Parties

James Johnston

Pursuer

Ayrshire and Arran Health Board

Defenders

Procedural Posture

Civil Medical Negligence / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the surgeon, Mr McNally, was negligent in the conduct of a hip replacement operation resulting in sciatic nerve damage
  2. 2 Whether the absence of detail in operation notes can establish negligence
  3. 3 Applicability of res ipsa loquitor in surgical injury cases

Ratio Decidendi

The pursuer failed to prove on the balance of probabilities that the sciatic nerve injury was caused by negligence or want of care by Mr McNally. The absence of detail in the operation notes did not establish a breach of duty, and the evidence did not show a departure from normal competent practice.

Court Disposition

Pursuer's case dismissed; absolvitor granted to defenders.

Orders

  • Sustain defenders' second plea-in-law
  • Repel pursuer's pleas