INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF WILLIAM AITKEN LILLY [2009] ScotSC 94 (08 April 2009)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF WILLIAM AITKEN LILLY [2009] ScotSC 94 (08 April 2009)

The Sheriff found that the clinical care and risk assessments provided to Mr Lilly were reasonable and appropriate based on the information available at the time. The decision to grant negotiated passes was regularly reviewed and justified. There was no failure in communication with Mrs Lilly that would have altered the outcome. The tragic result could not have been reasonably foreseen or prevented by further precautions.

Citation
[2009] ScotSC 94
Parties
Deceased: William Aitken Lilly (deceased); Procurator Fiscal Depute (for the Crown): Ms Yousaf; Interested Party: NHS Lothian; Interested Party: Dr Lefevre
Jurisdiction
Scotland
Judgment Date
08 April 2009
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
No reasonable precautions whereby the death might have been avoided were identified. No defects in the system of working contributed to the death. No recommendations for future avoidance were made.
Legal Topics
Sudden Death, Suicide, Psychiatric Care, Hospital Passes, Clinical Judgment, Communication With Relatives
Coroners and Fatal Accident Inquiries Medical Law Sudden Death Suicide Psychiatric Care Hospital Passes Clinical Judgment Communication With Relatives

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Parties

William Aitken Lilly (deceased)

Deceased

Ms Yousaf

Procurator Fiscal Depute (for the Crown)

NHS Lothian

Interested Party

Dr Lefevre

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Whether the death of William Aitken Lilly could have been avoided by reasonable precautions
  2. 2 Whether the clinical assessment and management of Mr Lilly's depression and suicide risk were reasonable
  3. 3 Whether the granting of negotiated passes was appropriate

Ratio Decidendi

The Sheriff found that the clinical care and risk assessments provided to Mr Lilly were reasonable and appropriate based on the information available at the time. The decision to grant negotiated passes was regularly reviewed and justified. There was no failure in communication with Mrs Lilly that would have altered the outcome. The tragic result could not have been reasonably foreseen or prevented by further precautions.

Court Disposition

No reasonable precautions whereby the death might have been avoided were identified. No defects in the system of working contributed to the death. No recommendations for future avoidance were made.