DEREK HAMILTON AGAINST LANARKSHIRE HEALTH BOARD [2020] ScotCS CSOH_24 (28 February 2020)

DEREK HAMILTON AGAINST LANARKSHIRE HEALTH BOARD [2020] ScotCS CSOH_24 (28 February 2020)

The court found that Mr Downey's decision to persist with endoscopic removal of the dental plate, in the face of clear risks, lack of full control over the object, and the reservations of a more experienced colleague, amounted to a breach of the standard of care expected of a reasonably competent surgeon. The court accepted the expert evidence that the perforation and subsequent injuries were caused by this negligent act, and that a laparotomy would have avoided the injury. Accordingly, the defender was liable for the pursuer's injuries.

Citation
[2020] ScotCS CSOH_24
Parties
Pursuer: Derek Hamilton; Defender: Lanarkshire Health Board
Jurisdiction
Scotland
Judgment Date
28 February 2020
Procedural Posture
Civil Medical Negligence Action / Judgment After Proof (trial) on Negligence and Causation
Outcome
Pursuer succeeds; defender found liable in negligence.
Legal Topics
Standard of Care for Surgeons, Causation in Medical Negligence, Assessment of Expert Evidence, Hospital Liability, Surgical Decision Making, Damages Quantification
Medical Negligence Tort Law Personal Injury Standard of Care for Surgeons Causation in Medical Negligence Assessment of Expert Evidence Hospital Liability Surgical Decision Making +1 more

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Parties

Derek Hamilton

Pursuer

Lanarkshire Health Board

Defender

Procedural Posture

Civil Medical Negligence Action / Judgment After Proof (trial) on Negligence and Causation

Legal Issues

  1. 1 Whether Mr Downey, acting for the defender, was negligent in persisting with endoscopic removal of a dental plate rather than converting to laparotomy
  2. 2 Whether the injuries suffered by the pursuer were caused by the alleged negligence (causation)

Ratio Decidendi

The court found that Mr Downey's decision to persist with endoscopic removal of the dental plate, in the face of clear risks, lack of full control over the object, and the reservations of a more experienced colleague, amounted to a breach of the standard of care expected of a reasonably competent surgeon. The court accepted the expert evidence that the perforation and subsequent injuries were caused by this negligent act, and that a laparotomy would have avoided the injury. Accordingly, the defender was liable for the pursuer's injuries.

Court Disposition

Pursuer succeeds; defender found liable in negligence.

Orders

  • Defender to pay agreed damages to the pursuer as per joint minute.
  • Defender to bear expenses of the action.