INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ROSEMARY GREY OR THOMPSON [2010] ScotSC 33 (12 January 2010)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ROSEMARY GREY OR THOMPSON [2010] ScotSC 33 (12 January 2010)

The death of Rosemary Thompson was caused by acute pulmonary oedema due to acute myocardial ischaemia with underlying coronary arterial atheroma. There were no reasonable precautions whereby her death might have been avoided, nor were there defects in any system of working which contributed to her death. The actions...

Source-derived case information.

Citation
[2010] ScotSC 33
Parties
Deceased: Rosemary Grey or Thompson (deceased); Applicant: Crown (Procurator Fiscal); Interested Party: Scottish Ambulance Service; Interested Party: NHS 24; Interested Party: Borders Health Board
Jurisdiction
Scotland
Judgment Date
12 January 2010
Procedural Posture
Fatal Accident Inquiry / Determination After Full Evidentiary Hearing
Outcome
Death found to be due to natural causes; no reasonable precautions or system defects identified; no recommendations for changes in practice.
Legal Topics
Fatal Accident Inquiry, Medical Negligence, Emergency Healthcare Provision, Systemic Failures in Healthcare, Ambulance Response Protocols
Public Law Health Law Coronial Law Fatal Accident Inquiry Medical Negligence Emergency Healthcare Provision Systemic Failures in Healthcare Ambulance Response Protocols

Source-derived case record

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 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rosemary Grey or Thompson (deceased)

Deceased

Crown (Procurator Fiscal)

Applicant

Scottish Ambulance Service

Interested Party

NHS 24

Interested Party

Borders Health Board

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination After Full Evidentiary Hearing

Legal Issues

  1. 1 What was the cause and circumstances of Rosemary Thompson's death?
  2. 2 Were there any reasonable precautions whereby the death might have been avoided?
  3. 3 Were there any defects in any system of working which contributed to the death?

Ratio Decidendi

The death of Rosemary Thompson was caused by acute pulmonary oedema due to acute myocardial ischaemia with underlying coronary arterial atheroma. There were no reasonable precautions whereby her death might have been avoided, nor were there defects in any system of working which contributed to her death. The actions of NHS 24, Borders Health Board, and the Scottish Ambulance Service were appropriate and in accordance with protocols, and the death was medically unavoidable given the advanced state of disease.

Court Disposition

Death found to be due to natural causes; no reasonable precautions or system defects identified; no recommendations for changes in practice.