INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF NASRULLAH KHALID [2011] ScotSC 71 (09 March 2011)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF NASRULLAH KHALID [2011] ScotSC 71 (09 March 2011)

Miss Williams-Martin failed to establish whether Mr. Khalid's chest pain had disappeared completely. In the absence of such a finding, she should have contacted the prison doctor and called an ambulance. These reasonable precautions might have avoided Mr. Khalid's death, although survival was not guaranteed nor probable.

Citation
[2011] ScotSC 71
Parties
Deceased: Nasrullah Khalid; Respondent: Scottish Prison Service; Respondent: Nurse Charlotte Williams-Martin
Jurisdiction
Scotland
Judgment Date
09 March 2011
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death caused by ischaemic heart disease, coronary artery thrombosis, and coronary artery atherosclerosis. Reasonable precautions whereby death might have been avoided identified. No defects in system of working contributed to death.
Legal Topics
Death in Custody, Medical Treatment of Prisoners, Reasonable Precautions, Systemic Failings in Healthcare
Prison Law Medical Negligence Public Health Death in Custody Medical Treatment of Prisoners Reasonable Precautions Systemic Failings in Healthcare

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Parties

Nasrullah Khalid

Deceased

Scottish Prison Service

Respondent

Nurse Charlotte Williams-Martin

Respondent

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Whether reasonable precautions could have avoided the death of Nasrullah Khalid
  2. 2 Whether defects in the system of working contributed to the death
  3. 3 Adequacy of medical treatment and record-keeping in prison

Ratio Decidendi

Miss Williams-Martin failed to establish whether Mr. Khalid's chest pain had disappeared completely. In the absence of such a finding, she should have contacted the prison doctor and called an ambulance. These reasonable precautions might have avoided Mr. Khalid's death, although survival was not guaranteed nor probable.

Court Disposition

Death caused by ischaemic heart disease, coronary artery thrombosis, and coronary artery atherosclerosis. Reasonable precautions whereby death might have been avoided identified. No defects in system of working contributed to death.

Orders

  • Establish if chest pain has disappeared completely in similar cases.
  • Contact prison doctor and call ambulance if pain persists.