Almond-Roots v El Jamel and NHS Tayside CSOH 130 https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2021csoh130.pdf?sfvrsn=4c25c0a_1
This was a claim for cauda equina as a result of failures in diagnosis and surgery against a surgeon on a private basis and against the hospital where the pursuer was treated. Eventually liablity was admitted. Damages were eventually agreed but the case proceeded on apportionment of liability between the defenders. Damages were nearly 3 million pounds which was one of the highest settlements in a cauda equina case.
Jennifer McCulloch v Forth Valley Health Board [2021] CSIH 21
https://scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2021csih021.pdf?sfvrsn=0
This was the appeal heard by the Second Division of the Inner House in Scotland in the previous case related to misdiagnosis of a pericardial effusion and consent
Widdowson v Liberty Insurance NHS Grampian NHS Highland [2021] CSOH 15
https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2021csoh015.pdf?sfvrsn=0
This was a fatal case and an action was brought against both the insurers of a car involved in a road traffic accident which caused injury to Mr Widdowson and also two hospitals for failures in care after the accident. All have eventually admitted liability for the death. The case is important in considering issues of apportionment of responsibility amongst the defenders and the principles to be applied.
Jennifer McCulloch and others v Forth Valley Health Board [2020] CSOH 40
Proof over 8 days in which the pursuers claimed that there had been negligence in a cardiologist’s care. There were difficult issues relating to diagnosis of a pericardial effusion and consent https://www.bailii.org/scot/cases/ScotCS/2020/2020_CSOH_40.html
Vincent Friel v Dr Brown [2019] CSOH 30; [2020] CSIH 7
Procedure Roll Debate and Reclaiming Motion on the effect of S10 of the Law Reforms (Misc Prov) (Scotland) Act 1968 and what constitutes abuse of process in Scotland
Allan Johnston v NHS Grampian [2019] CSOH 90
Clinical Negligence case on consent
James Carr v R H Independent Health Care Limited [2018] CSOH 82
Procedure Roll Debate on the procedural issues of the effect of a decree of reduction
Montgomery v Lanarkshire Health Board [2015] UKSC11
Landmark case on consent to medical treatment in front of 7 judge bench at UKSC. Cerebral palsy case involving diabetic mother with large baby who was not advised of the risks of mechanical problems in labour or shoulder dystocia. Shoulder dystocia occurred during delivery and the child was born with cerebral palsy and a brachial plexus injury. Inner House decision [2013] CSIH 3; 2013 SC 245
Ryan Coyle v Lanarkshire Health Board [2014] CSIH 78
Appeal by the Health Board against the decision of Lord Tyre in the first instance. Appeal related to the question of whether he correctly interpreted the evidence in relation to the timing of delivery. The appeal was unsuccessful.
Ryan Coyle v Lanarkshire Health Board [2013] CSOH 167
Cerebral palsy case involving delay in delivery of child. The case involved allegations of obstetric and midwifery negligence. Was one of the few cerebral palsy cases that have proceeded successfully to proof.
Evelyn Telfer on behalf of Mirren Telfer v The Royal Infirmary of Edinburgh NHS Trust
Cerebral palsy case proceeded to proof on all issues but settled after a week of evidence following admission of fault.
Marika Komori v Tayside Health Board [2010] CSOH 30
Case involving an injury sustained following an arterial blood sample Sought recovery of all documentation held by the Health Board in relation to the complaint made by the claimant
Brenda Louise Rennie v Lothian Health Board [2010] CSOH 61
This was a cerebral palsy case which considered the issues of delay and mora in the context of litigation.
Greenhorn v South Glasgow University Hospitals NHS Trust [2008] CSOH 128
The claimant suffered nerve damage following a colposuspension procedure. Considered the issue of res ipsa in the context of clinical negligence
Hepburn v Royal Alexandra Hospital and Another [2008] CSOH 81
Argument in the Outer House relating to delay in progress of litigation in the context of a clinical negligence claim
J.S. v Lothian Health Board 2009 SLT 689
This case related to a failure in testing for cystic fibrosis. The case considered the important issue of the non delegable duties of Health Boards in terms of matters such as test results
Rosemary Lenton v Ayrshire and Arran Health Board
Involving a knee replacement surgery without prophylactic antibiotics which resulted in gross destruction of the knee with the result the claimant was wheelchair bound. Issues of orthopaedic negligence.
Learmont v Dr Vernon
Action against a GP following the death of a young woman with meningitis. Difficult issues related to causation and whether the death could have been avoided had she been referred to hospital at an earlier date
Zoe Campbell v Highland Health Board
Cerebral palsy case involving a breach delivery which proceeded to proof on all issues and then settled after evidence.
Eric Robertson v Forth Valley Health Board (Extra Division)
Full evidential appeal before the Extra Division which settled after a number of weeks of hearing
Eric Robertson v Forth Valley Health Board 13/4/2005
(Temporary Judge Coutts) Clinical negligence case related to the failure to diagnose an aneurysm resulting in the patient suffering a stroke when he underwent surgery
Christopher Muir and Others v Grampian Health Board Lord Abernethy CSOH 17/3/2000
Fatal case following the death of a woman as a result of a heart attack. Issues of whether she should have been recognised as at risk of cardiac problems and whether she should have been discharged from hospital. One of the first cases to raise the issue of whether pursuer’s should lead in evidence the doctor’s being blamed.
Maureen Trodden v Greater Glasgow Health Board
Case involving breast reduction surgery which left the pursuer with grossly reduced breasts. Issues of negligence in cosmentic surgery.
Richard Adamson v Lanarkshire Health Board
Medical Negligence jury trial. A young boy had a selling in his testicle and this was removed without testing on the assumption that the swelling was cancerous. Subsequently confirmed to be a blood clot. One of the few medical negligence cases that has proceeded to jury trial.
Desmond McCafferty v Greater Glasgow Health Board
Limitation argument in relation to raising of proceedings in a Clinical negligence case