Scotland Case Law

PETITION OF AB FOR JUDICIAL REVIEW OF DECISION OF THE GENERAL MEDICAL COUNCIL

PETITION OF AB FOR JUDICIAL REVIEW OF DECISION OF THE GENERAL MEDICAL COUNCIL [2021] ScotCS CSOH_85 (18 August 2021)

The Court of Session dismissed a judicial review of the GMC’s decision not to proceed against a paediatrician over a child safeguarding report and consent issues.

• Judicial review of regulatory decision
• Fitness to practise
• Conflict of interest
• Informed consent
• Child safeguarding procedures
• Judicial-review

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KEVIN DUNN AGAINST GREATER GLASGOW HEALTH BOARD

KEVIN DUNN AGAINST GREATER GLASGOW HEALTH BOARD [2021] ScotCS CSOH_68 (13 July 2021)

A medical negligence claim was dismissed because the pursuer failed to plead a specific causal link between hip arthroscopy and his later pain.

• Informed consent
• Causation
• Specification of pleadings
• Medical-negligence
• Informed-consent
• Specification-of-pleadings

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ALAN MCNAB AND OTHERS AGAINST GREATER GLASGOW HEALTH BOARD

ALAN MCNAB AND OTHERS AGAINST GREATER GLASGOW HEALTH BOARD [2020] CSOH 53 (28 May 2020)

Clinical negligence action about informed consent, CT imaging, and urine cultures in ureteroscopy. The court held the pursuers had not proved negligence and assoilzied the defenders.

• Informed consent
• Standard of care
• Causation
• Clinical guidelines
• Duty to advise of risks
• Medical-negligence

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JOHNSTONE AGAINST NHS GRAMPIAN

JOHNSTONE AGAINST NHS GRAMPIAN [2019] ScotCS CSOH_90 (13 November 2019)

The Court of Session held that the pursuer’s consent to pituitary surgery was informed, finding the risks and treatment options were adequately explained.

• Informed consent
• Medical negligence
• Vicarious liability
• Duty to warn of risks
• Montgomery standard
• Informed-consent

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LT, RECLAIMING MOTION LT (AS GUARDIAN OF RC) AGAINST LOTHIAN NHS HEALTH BOARD

LT, RECLAIMING MOTION LT (AS GUARDIAN OF RC) AGAINST LOTHIAN NHS HEALTH BOARD [2019] ScotCS CSIH_20 (03 April 2019)

The Inner House refused an appeal in a neonatal negligence case, holding that no Montgomery duty arose because there was no evidence of a material risk from the CTG trace.

• Informed consent
• Standard of care
• Interpretation of medical evidence
• Montgomery principle
• Obstetric negligence
• Informed-consent

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TAYLOR AND OTHERS AGAINST DAILLY HEALTH CENTRE AND OTHERS

TAYLOR AND OTHERS AGAINST DAILLY HEALTH CENTRE AND OTHERS [2018] ScotCS CSOH_91 (04 September 2018)

The court held that the GP was not negligent in failing to refer Mrs Taylor urgently to hospital, and rejected the informed-consent argument.

• Standard of care
• Professional negligence
• Duty to refer for emergency treatment
• Informed consent
• Interpretation of medical evidence
• Medical-negligence

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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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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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Malone v Greater Glasgow & Clyde Health Board

Malone v Greater Glasgow & Clyde Health Board [2017] ScotCS CSOH_31 (24 February 2017)

Clinical negligence action dismissed after the court held a consultant haematologist acted reasonably in 2002 and 2003 and causation was not proved.

• Standard of care for medical professionals
• Informed consent
• Causation in clinical negligence
• Scope of duty
• Remoteness of damage
• Clinical-negligence

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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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