BROWN, AS AN INDIVIDUAL AND AS EXECUTRIX OF THE LATE WILLIAM BROWN AND OTHERS AGAINST DR ALISON SMITH, DR NEIL WRIGHT AND DR JOHN WALLACE, GENERAL PRACTITIONERS PRACTISING IN A PARTNERSHIP AS CRAIG NEVIS SURGERY [2018] ScotCS CSOH_84 (15 August 2018)

BROWN, AS AN INDIVIDUAL AND AS EXECUTRIX OF THE LATE WILLIAM BROWN AND OTHERS AGAINST DR ALISON SMITH, DR NEIL WRIGHT AND DR JOHN WALLACE, GENERAL PRACTITIONERS PRACTISING IN A PARTNERSHIP AS CRAIG NEVIS SURGERY [2018] ScotCS CSOH_84 (15 August 2018)

Dr Smith was negligent in failing to provide appropriate safety net advice and immediate hospital referral on 31 December 2010 and 5 January 2011, as required by clinical guidelines and ordinary competent practice. However, causation was not established to the legal standard; it was not proven that earlier admission would have prevented the fatal event given the clinical facts and expert evidence.

Citation
[2018] ScotCS CSOH_84
Parties
Pursuer: Euphemia Brown; Pursuer: Brian Brown; Pursuer: William Brown; Pursuer: William Brown (legal representative of Imogen Brown); Pursuer: William Brown (legal representative of Christopher Brown); Pursuer: David Brown; Pursuer: David Brown (legal representative of Aaron Yardley-Brown); Pursuer: David Brown (legal representative of Callan Yardley-Brown); Pursuer: Elizabeth Aydemir; Pursuer: Marshall Brown; Defender: Dr Alison Smith; Defender: Dr Neil Wright; Defender: Dr John Wallace; Defender: Craig Nevis Surgery (partnership)
Jurisdiction
Scotland
Judgment Date
15 August 2018
Procedural Posture
Civil Negligence / Judgment After Proof
Outcome
Liability admitted for negligence but causation not established; damages agreed.
Legal Topics
Standard of Care, Causation, Clinical Guidelines, Damages, Duty to Advise, Diagnosis Error
Medical Negligence Personal Injury Tort Standard of Care Causation Clinical Guidelines Damages Duty to Advise +1 more

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Parties

Euphemia Brown

Pursuer

Brian Brown

Pursuer

William Brown

Pursuer

William Brown (legal representative of Imogen Brown)

Pursuer

William Brown (legal representative of Christopher Brown)

Pursuer

David Brown

Pursuer

David Brown (legal representative of Aaron Yardley-Brown)

Pursuer

David Brown (legal representative of Callan Yardley-Brown)

Pursuer

Elizabeth Aydemir

Pursuer

Marshall Brown

Pursuer

Dr Alison Smith

Defender

Dr Neil Wright

Defender

Dr John Wallace

Defender

Craig Nevis Surgery (partnership)

Defender

Procedural Posture

Civil Negligence / Judgment After Proof

Legal Issues

  1. 1 Was Dr Smith negligent in her diagnosis and management of William Brown's chest pain?
  2. 2 Did Dr Smith fail to provide appropriate safety net advice?
  3. 3 Did the admitted negligence cause the death of William Brown?

Ratio Decidendi

Dr Smith was negligent in failing to provide appropriate safety net advice and immediate hospital referral on 31 December 2010 and 5 January 2011, as required by clinical guidelines and ordinary competent practice. However, causation was not established to the legal standard; it was not proven that earlier admission would have prevented the fatal event given the clinical facts and expert evidence.

Court Disposition

Liability admitted for negligence but causation not established; damages agreed.

Orders

  • Damages awarded as agreed between parties.
  • No further orders as causation not proven beyond admitted negligence.