KEVIN DUNN AGAINST GREATER GLASGOW HEALTH BOARD [2021] ScotCS CSOH_68 (13 July 2021)

KEVIN DUNN AGAINST GREATER GLASGOW HEALTH BOARD [2021] ScotCS CSOH_68 (13 July 2021)

Pursuer failed to aver any specific mechanism by which the procedure caused his pain; pleadings lack specification and do not give fair notice. Even if all averments proved, action would fail for lack of causal link between procedure and pain.

Citation
[2021] ScotCS CSOH_68
Parties
Pursuer: Kevin Dunn; Defender: Greater Glasgow Health Board
Jurisdiction
Scotland
Judgment Date
13 July 2021
Procedural Posture
Damages for Professional Negligence / Debate on Procedure Roll
Outcome
action dismissed
Legal Topics
Informed Consent, Causation, Specification of Pleadings
Medical Negligence Personal Injury Informed Consent Causation Specification of Pleadings

Case Brief

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Parties

Kevin Dunn

Pursuer

Greater Glasgow Health Board

Defender

Procedural Posture

Damages for Professional Negligence / Debate on Procedure Roll

Legal Issues

  1. 1 Whether pursuer has adequately averred a causal link between the surgical procedure and subsequent pain
  2. 2 Whether pleadings give fair notice and sufficient specification to defenders

Ratio Decidendi

Pursuer failed to aver any specific mechanism by which the procedure caused his pain; pleadings lack specification and do not give fair notice. Even if all averments proved, action would fail for lack of causal link between procedure and pain.

Court Disposition

action dismissed

Orders

  • defenders' first plea-in-law sustained
  • action dismissed as irrelevant and lacking in specification