Scotland Case Law

GR AGAINST (FIRST)& GREATER GLASGOW AND CLYDE HEALTH BOARD AND (SECOND)& JOHNSON AND JOHNSON MEDICAL LIMITED

GR AGAINST (FIRST)& GREATER GLASGOW AND CLYDE HEALTH BOARD AND (SECOND)& JOHNSON AND JOHNSON MEDICAL LIMITED [2018] ScotCS CSOH_109 (27 November 2018)

The Court of Session held that a pursuer had pled a relevant common law negligence case against a mesh product manufacturer, allowing proof before answer.

• Common law negligence
• Duty of care
• Defective medical devices
• Manufacturer liability
• Testing and warnings
• Causation

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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.

Source excerpt

• Informed consent
• Duty of care
• Alternative treatments
• Defective medical devices
• Consumer protection act 1987
• Prescription and limitation (scotland) act 1973

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