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Scotland Case Law

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Medical negligence [2018] CSOH 57

AH AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER; SR AGAINST JOHNSON AND JOHNSON MEDICAL LTD AND ANOTHER; YT AGAINST SPIRE HEALTHCARE LIMITED AND OTHERS; AND EN AGAINST GREATER GLASGOW HEALTH BOARD AND OTHERS

AH AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER; SR AGAINST JOHNSON AND JOHNSON MEDICAL LTD AND ANOTHER; YT AGAINST SPIRE HEALTHCARE LIMITED AND OTHERS; AND EN AGAINST GREATER GLASGOW HEALTH BOARD AND OTHERS [2018] ScotCS CSOH_57 (01 June 2018)

Doctors' duty to advise of risks is limited to risks associated with the procedure and reasonable alternatives as determined by clinical judgment; generic pleadings and lack of specification regarding alternative treatments and doctors' knowledge of risks are insufficient; claims against manufacturers proceed only under Consumer Protection Act 1987; time-bar issues require further factual determination; actions against doctors proceed only on alleged breach of duty to advise of risks, not alternatives.

  • Informed consent
  • Duty of care
  • Alternative treatments
  • Defective medical devices
  • Consumer protection act 1987
  • Prescription and limitation (scotland) act 1973
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Medical negligence [2018] CSOH 57

AH against Greater Glasgow Health Board and Johnson & Johnson Medical Ltd

AH against Greater Glasgow Health Board and Johnson & Johnson Medical Ltd [2018] CSOH 57 (06 January 2018)

Lead Scottish mesh cases on consent, defect, and time bar. The court narrowed the doctors’ case to risk warnings, allowed Consumer Protection Act claims, and reserved limitation issues.

  • Informed consent
  • Duty of care
  • Breach of duty
  • Causation
  • Consumer protection act 1987
  • Limitation/prescription
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Medical negligence [2006] ScotCS CSOH_92

Scott v Lothian University Hospitals NHS Trust

Scott v Lothian University Hospitals NHS Trust [2006] ScotCS CSOH_92 (13 June 2006)

Medical negligence claim over a rotational forceps delivery failed. The court held Dr Cooper’s decision in labour was within acceptable obstetric practice in 1990.

  • Standard of care in obstetrics
  • Professional negligence
  • Bolam test
  • Hunter v hanley test
  • Causation in medical negligence
  • Rotational forceps delivery
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.