Greenhorn (AP) v South Glasgow University Hospitals NHS Trust [2008] ScotCS CSOH_128 (05 September 2008)

Greenhorn (AP) v South Glasgow University Hospitals NHS Trust [2008] ScotCS CSOH_128 (05 September 2008)

The court found that Dr Lingam was not negligent in the performance of the colposuspension operation. The evidence did not establish that she inserted the sutures in an inappropriate position or that her actions fell below the standard of a competent specialist registrar. The court also found that Dr Hassan provided adequate supervision and that the injury was a recognised complication of the procedure, not attributable to negligence.

Citation
[2008] ScotCS CSOH_128
Parties
Pursuer: June Greenhorn (AP); Defender: South Glasgow University Hospitals NHS Trust
Jurisdiction
Scotland
Judgment Date
05 September 2008
Procedural Posture
Civil Medical Negligence Action / Outer House, Court of Session, Judgment
Outcome
Action dismissed
Legal Topics
Standard of Care in Surgery, Vicarious Liability, Supervision of Trainee Surgeons, Causation of Injury, Assessment of Surgical Competence
Medical Negligence Tort Law Personal Injury Standard of Care in Surgery Vicarious Liability Supervision of Trainee Surgeons Causation of Injury Assessment of Surgical Competence

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Parties

June Greenhorn (AP)

Pursuer

South Glasgow University Hospitals NHS Trust

Defender

Procedural Posture

Civil Medical Negligence Action / Outer House, Court of Session, Judgment

Legal Issues

  1. 1 Whether Dr Lingam was negligent in performing the colposuspension operation
  2. 2 Whether Dr Hassan failed in his duty to supervise Dr Lingam
  3. 3 Whether the pursuer's injuries were caused by negligence during surgery

Ratio Decidendi

The court found that Dr Lingam was not negligent in the performance of the colposuspension operation. The evidence did not establish that she inserted the sutures in an inappropriate position or that her actions fell below the standard of a competent specialist registrar. The court also found that Dr Hassan provided adequate supervision and that the injury was a recognised complication of the procedure, not attributable to negligence.

Court Disposition

Action dismissed