Farquhar v. Murray [1901] ScotLR 38_642 (04 June 1901)

Farquhar v. Murray [1901] ScotLR 38_642 (04 June 1901)

The pursuer's averments, if proved, disclosed a relevant case of gross negligence by the defender in failing to attend or arrange for care after prescribing treatment, thereby justifying inquiry and trial. The action should not be dismissed at this stage.

Citation
[1901] ScotLR 38_642
Parties
Pursuer: John Farquhar; Defender: Donald R. Murray, M.B., C.M.
Jurisdiction
Scotland
Judgment Date
04 June 1901
Procedural Posture
Civil Reparation (damages) / Appeal (reclaiming Motion) Against Dismissal at First Instance
Outcome
Interlocutor of dismissal recalled; case remitted for trial on the merits.
Legal Topics
Professional Negligence, Gross Negligence, Duty of Care, Medical Malpractice, Causation
Tort Medical Negligence Professional Negligence Gross Negligence Duty of Care Medical Malpractice Causation

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Parties

John Farquhar

Pursuer

Donald R. Murray, M.B., C.M.

Defender

Procedural Posture

Civil Reparation (damages) / Appeal (reclaiming Motion) Against Dismissal at First Instance

Legal Issues

  1. 1 Whether the pursuer's averments disclose a relevant case of gross negligence against a medical practitioner justifying inquiry and trial
  2. 2 Whether the defender's failure to attend and arrange care constituted gross negligence causing the pursuer's injury

Ratio Decidendi

The pursuer's averments, if proved, disclosed a relevant case of gross negligence by the defender in failing to attend or arrange for care after prescribing treatment, thereby justifying inquiry and trial. The action should not be dismissed at this stage.

Court Disposition

Interlocutor of dismissal recalled; case remitted for trial on the merits.

Orders

  • Recall the Lord Ordinary's interlocutor dismissing the action.
  • Repel the first plea-in-law for the defender.