Foy (AP) v Monklands & Bellshill Hospital NHS Trust [2001] ScotCS 115 (16 May 2001)

Foy (AP) v Monklands & Bellshill Hospital NHS Trust [2001] ScotCS 115 (16 May 2001)

The consultant obstetrician failed to detect and remove a substantial piece of placenta during the caesarean section, which constituted a breach of the standard of care expected of a consultant of ordinary skill and care. The retained placenta should have been discovered and removed at the time of the operation. This failure directly resulted in the pursuer undergoing a sub-total hysterectomy and entitled her to damages for solatium and services for the period of disability attributable to the breach.

Citation
[2001] ScotCS 115
Parties
Pursuer: Mary Foy; Defenders: Monklands & Bellshill Hospital NHS Trust
Jurisdiction
Scotland
Judgment Date
16 May 2001
Procedural Posture
Civil Medical Negligence / Judgment After Trial
Outcome
Judgment for the pursuer
Legal Topics
Vicarious Liability, Standard of Care, Causation, Damages, Obstetric Negligence
Medical Negligence Tort Law Vicarious Liability Standard of Care Causation Damages Obstetric Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mary Foy

Pursuer

Monklands & Bellshill Hospital NHS Trust

Defenders

Procedural Posture

Civil Medical Negligence / Judgment After Trial

Legal Issues

  1. 1 Whether the consultant obstetrician was negligent in failing to remove part of the placenta at caesarean section on 18 July 1994
  2. 2 Whether the retained placenta could and should have been detected and removed at the time of the operation
  3. 3 What loss and damage flowed from any breach of duty

Ratio Decidendi

The consultant obstetrician failed to detect and remove a substantial piece of placenta during the caesarean section, which constituted a breach of the standard of care expected of a consultant of ordinary skill and care. The retained placenta should have been discovered and removed at the time of the operation. This failure directly resulted in the pursuer undergoing a sub-total hysterectomy and entitled her to damages for solatium and services for the period of disability attributable to the breach.

Court Disposition

Judgment for the pursuer

Orders

  • Award of solatium in the sum of £7,500 with interest from 18 July 1994 until 28 February 1995 at 4% and at 8% thereafter until payment.
  • Award of services claim in the sum of £5,821 with interest from 18 July 1994 until 28 February 1995 at 4% and at 8% thereafter until payment.