Loughran (AP) v Lanarkshire Acute Hospitals NHS Trust [2000] ScotCS 99 (6 April 2000)

Loughran (AP) v Lanarkshire Acute Hospitals NHS Trust [2000] ScotCS 99 (6 April 2000)

The court held that although the left ureter was encircled by a suture during surgery, resulting in total obstruction, the operator's failure to re-palpate before the second suture did not amount to negligence as it was not established that re-palpation was the standard practice in such circumstances. The error was a misjudgement, not a breach of the standard of care required by law.

Citation
[2000] ScotCS 99
Parties
Pursuer: Lorna Loughran (AP); Defender: Lanarkshire Acute Hospitals NHS Trust
Jurisdiction
Scotland
Judgment Date
06 April 2000
Procedural Posture
Medical Negligence / Judgment After Proof
Outcome
pursuer's case dismissed; decree of absolvitor granted
Legal Topics
Standard of Care, Medical Misadventure, Hunter V Hanley Test, Surgical Error, Causation
Medical Negligence Tort Law Standard of Care Medical Misadventure Hunter V Hanley Test Surgical Error Causation

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Parties

Lorna Loughran (AP)

Pursuer

Lanarkshire Acute Hospitals NHS Trust

Defender

Procedural Posture

Medical Negligence / Judgment After Proof

Legal Issues

  1. 1 Whether the failure to re-palpate the left ureter before the second suture amounted to negligence
  2. 2 Whether the obstruction of the left ureter was caused by surgical misjudgement or breach of standard practice

Ratio Decidendi

The court held that although the left ureter was encircled by a suture during surgery, resulting in total obstruction, the operator's failure to re-palpate before the second suture did not amount to negligence as it was not established that re-palpation was the standard practice in such circumstances. The error was a misjudgement, not a breach of the standard of care required by law.

Court Disposition

pursuer's case dismissed; decree of absolvitor granted

Orders

  • Pursuer's pleas repelled
  • Defenders' second and third pleas sustained