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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 [2016] ScotSC 75

IAN BRITTEN AGAINST TAYSIDE HEALTH BOARD

IAN BRITTEN AGAINST TAYSIDE HEALTH BOARD [2016] ScotSC 75 (03 November 2016)

A Scottish sheriff held that doctors breached their duty by failing to discuss steroid injection as an alternative to oral steroids, but the pursuer failed to prove causation.

  • Informed consent
  • Duty to advise of risks
  • Alternative treatments
  • Causation
  • Montgomery v lanarkshire health board
  • Informed-consent
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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.