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Scotland Case Law

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Medical-negligence [2025] SACCIV 21

Appeal in the cause DS against NHS Grampian (Sheriff Appeal Court Civil)

Appeal in the cause DS against NHS Grampian (Sheriff Appeal Court Civil) [2025] SACCIV 21 (16 July 2025)

The Sheriff Appeal Court refused DS’s appeal but allowed NHS Grampian’s cross-appeal, holding the radiologist was not negligent and causation was not proved.

  • Duty-of-care
  • Standard-of-care
  • Expert-evidence
  • Causation
  • Burden-of-proof
  • Procedural-discretion
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Clinical-negligence [2025] SCEDIN 035

James Gallagher v Jamie Clement (National Personal Injury Court)

James Gallagher v Jamie Clement (National Personal Injury Court) [2025] SCEDIN 035 (04 July 2025)

A Scottish personal injury sheriff court case on alleged dental negligence over an LL8 extraction and lack of follow-up ended with absolvitor for the defender.

  • Dental-negligence
  • Standard-of-care
  • Radiographic-assessment
  • Post-operative-follow-up
  • Clinical-negligence
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Medical-negligence [2024] ScotCS CSIH_7

SD AS LEGAL REPRESENTATIVE OF LD AGAINST GRAMPIAN HEALTH BOARD

SD AS LEGAL REPRESENTATIVE OF LD AGAINST GRAMPIAN HEALTH BOARD [2024] ScotCS CSIH_7 (19 April 2024)

The Court of Session refused the reclaiming motion in a medical negligence claim over LD’s birth injuries, finding no breach by Dr Sripada or the ward round doctors and no proved causation.

  • Professional-negligence
  • Causation
  • Standard-of-care
  • Scope-of-duty
  • Remoteness-of-damage
  • Medical-negligence
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Medical-negligence [2023] ScotCS CSOH_1

VIOLET PATERSON AND OTHERS AGAINST LANARKSHIRE HEALTH BOARD

VIOLET PATERSON AND OTHERS AGAINST LANARKSHIRE HEALTH BOARD [2023] ScotCS CSOH_1 (06 January 2023)

Scottish Court of Session case finding Lanarkshire Health Board liable for negligent psychiatric discharge planning that contributed to a patient’s suicide.

  • Duty-of-care
  • Breach-of-duty
  • Causation
  • Standard-of-care
  • Psychiatric-injury
  • Damages-for-death
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Medical-negligence [2022] ScotCS CSOH_83

JAMES McGRAW AGAINST GREATER GLASGOW HEALTH BOARD

JAMES McGRAW AGAINST GREATER GLASGOW HEALTH BOARD [2022] ScotCS CSOH_83 (23 November 2022)

The Court of Session refused to exclude a radiology negligence case from probation, holding the pleadings on breach of duty and causation were adequately specified.

  • Standard-of-care
  • Causation
  • Specification-of-pleadings
  • Expert-evidence
  • Medical-negligence
  • Professional-negligence
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Medical-negligence [2022] ScotSAC Civ 27

DD v NHS FIFE HEALTH BOARD

DD v NHS FIFE HEALTH BOARD [2022] ScotSAC Civ 27 (20 September 2022)

A medical negligence appeal against NHS Fife Health Board was dismissed. The court held that breach of duty and causation were not established.

  • Duty-of-care
  • Standard-of-care
  • Causation
  • Medical-negligence
  • Personal-injury
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Medical-negligence [2022] ScotCS CSOH_63

SD AGAINST GRAMPIAN HEALTH BOARD

SD AGAINST GRAMPIAN HEALTH BOARD [2022] ScotCS CSOH_63 (07 September 2022)

Medical negligence claim arising from LD’s birth in 2008 was dismissed. The court found no breach in induction, monitoring, or CTG decision-making.

  • Standard-of-care
  • Causation
  • Breach-of-duty
  • Induction-of-labour
  • Ctg-interpretation
  • Midwifery-practice
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Personal-injury [2022] ScotCS CSIH_25

WARNER AGAINST SCAPA FLOW CHARTERS

WARNER AGAINST SCAPA FLOW CHARTERS [2022] ScotCS CSIH_25 (10 May 2022)

The Inner House allowed the defenders’ reclaiming motion in a diving-death case, holding they had not breached their duty of care to experienced technical divers.

  • Standard-of-care
  • Risk-assessment
  • Duty-of-care
  • Negligence
  • Liability-of-vessel-operators
  • Leisure-activity-risks
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Medical-negligence [2021] SC GLW 62

DANIEL BOYLE AGAINST GREATER GLASGOW AND CLYDE HEALTH BOARD

DANIEL BOYLE AGAINST GREATER GLASGOW AND CLYDE HEALTH BOARD [2021] SC GLW 62 (30 November 2021)

A sheriff court dismissed a clinical negligence claim, finding no breach of duty by NHS Greater Glasgow and Clyde and no proof that any breach caused injury.

  • Clinical-negligence
  • Duty-of-care
  • Standard-of-care
  • Medical-negligence
  • Personal-injury
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Medical-negligence [2021] SC GLW 62

DANIEL BOYLE AGAINST GREATER GLASGOW AND CLYDE HEALTH BOARD

DANIEL BOYLE AGAINST GREATER GLASGOW AND CLYDE HEALTH BOARD [2021] SC GLW 62 (30 November 2021)

The sheriff court found the health board liable for medical negligence, holding that a breach of duty caused injury to the pursuer and justified an award of damages.

  • Duty-of-care
  • Standard-of-care
  • Causation
  • Damages
  • Medical-negligence
  • Personal-injury
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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.