McGeadie v Atos Healthcare & Anor [2013] ScotCS CSOH_19 (06 February 2013)

McGeadie v Atos Healthcare & Anor [2013] ScotCS CSOH_19 (06 February 2013)

The pursuer's pleadings did not disclose a relevant case of fault or legal wrong triggering liability in damages; no causal link between alleged conduct and medical complaints; factual averments did not support claims of fraudulent, malicious, or libellous conduct.

Citation
[2013] ScotCS CSOH_19
Parties
Pursuer: Terence McGeadie; Defender: Atos Healthcare; Defender: Another (staff member of Atos Healthcare)
Jurisdiction
Scotland
Judgment Date
06 February 2013
Procedural Posture
Civil Damages Action / Motion to Dismiss (debate)
Outcome
action dismissed
Legal Topics
Duty of Care, Negligence, Damages, Medical Assessment, Procedural Competence
Tort Medical Negligence Duty of Care Negligence Damages Medical Assessment Procedural Competence

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Parties

Terence McGeadie

Pursuer

Atos Healthcare

Defender

Another (staff member of Atos Healthcare)

Defender

Procedural Posture

Civil Damages Action / Motion to Dismiss (debate)

Legal Issues

  1. 1 Whether the defenders owed a duty of care to the pursuer
  2. 2 Whether the conduct of the defenders constituted negligence
  3. 3 Whether the pursuer's medical complaints were causally linked to the defenders' actions

Ratio Decidendi

The pursuer's pleadings did not disclose a relevant case of fault or legal wrong triggering liability in damages; no causal link between alleged conduct and medical complaints; factual averments did not support claims of fraudulent, malicious, or libellous conduct.

Court Disposition

action dismissed

Orders

  • Action dismissed.