Introduction
Lauren has experience in the UK Supreme Court, Court of Session (Inner and Outer House) including proofs, judicial review hearings, jury trials and procedure rolls and in the Sheriff Court. She has appeared at the Solicitors Disciplinary Tribunal. She has been involved in one of the few medical negligence jury trials to proceed to jury trial in recent years. She was involved in the Planning Inquiry in respect of the Glasgow Airport Rail link.
Clinical Negligence Cases
Vincent Friel v Dr Brown [2020] CSIH 7
Reclaiming Motion on the effect of S10 of the Law Reforms (Misc Prov) (Scotland) Act 1968 and what constitutes abuse of process in Scotland.
The defender was the pursuer’s General Medical Practitioner. The action was based upon his alleged negligent prescription of a drug. The pursuer averred that the drug caused him to lose consciousness while driving. This resulted in a collision on a pedestrian crossing which left one person dead and another seriously injured. The interlocutor, which was pronounced after a debate on the Procedure Roll, stated that the dismissal was on the basis that the action was “an abuse of process”. The reasoning behind that was that the pursuer had been convicted of causing death and serious injury by dangerous driving under respectively sections 1 and 1A of the Road Traffic Act 1988. The jury’s verdict involved a rejection of the pursuer’s special defence of automatism; viz. that he had lost consciousness prior to the accident.
Held that action is not abuse of power. Reclaiming motion is in substance refused and action dismissed.
Allan Johnstone v Grampian Health Board [2019] CSOH 90
The patient in this case, Mr Johnstone, argued that he had not been properly consented for a neurosurgical procedure that he underwent. His position was that he had not been told of the risks involved in the procedure, nor had he been told about the appropriate alternatives to surgery. The defenders contended that he had been appropriately consented.
Following a two-week proof Lord Glennie concluded that the patient had been told of the risks and the alternatives, and his action failed.
Vincent Friel v Dr Brown [2019] CSOH 30
Procedure Roll Debate on the effect of S10 of the Law Reforms (Misc Prov) (Scotland) Act 1968 and what constitutes abuse of process in Scotland.
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
Time bar argument in relation to raising of proceedings in a Clinical negligence case.
Public and Fatal Accident Inquiries
Vale of Leven Hospital Inquiry
This was set up by Scottish Government and Chaired by Lord McLean to investigate deaths at the Vale of Leven Hospital as a result of C difficile infection. She was appointed as the Junior Counsel to the Inquiry which lasted over 3 years and published in November 2014. The Inquiry had a wide ranging remit to review issues of nursing practice, medical practice, tissue viability, nurtition in the elderly, infection control and clinical governance.
Inquiry related to the Glasgow Airport Rail link
Junior Counsel instructed in the planning Inquiry related to the Glasgow Airport Rail link. This was a proposed rail link between Glasgow Central Station and Glasgow Airport.
Inquiry into the death of Debra Law
(represented the family). Related to the death of a young woman following the administration of an anaesthetic by a junior doctor and required a detailed knowledge of anaesthetics and the technique for rapid sequence induction.
Inquiry into the death of Linda Gibson
(represented the family) Related to the death of a young woman following coning of her brain. This was a lengthy Inquiry with complex medical evidence in relation to epilepsy, neurology, infection and the mechanism of brain swelling together with the interaction of drugs on this process.
Inquiry into the death of Stephen Miller
(represented the family). Related to the death of a young boy following a massive pulmonary thromboembolism and involved complex issues in relation to haematology, the mechanism of clotting and the interaction of drugs on this process.
Inquiry into the death of Simon Dolan
(represented the family). Related to the death of a child with Cornelia de Lang Syndrome where there was malplacement of a feeding tube. Paediatric issues and nursing negligence.
Inquiry into the death of George Fairlie
(represented the family). Related to the death of an elderly man in a Care Home. This lasted nearly 9 weeks in Paisley Sheriff Court. The case had a number of complex medical issues relating to dementia, pressure damage, vascular issues and diabetes and medical care of the elderly. In addition issues in relation to Social Work Care and the workings of the Care Commission.
Inquiry into the death of Lorraine McGalliard
(represented the family). Related to the death of a young girl following an undiagnosed torted ovarian cyst. Gynaecological and surgical negligence.
Personal Injury – Court of Session
Hughes v Turning Point 2019 S.L.T. 561
Claim for Damages in respect of a duty of care owned by a charity to a man who attended in withdrawal from alcohol. Issues of whether Huntley v Hanley test applied to the actions of the charity, whether they were rescuer in law, duty of care and contributory negligence.
Gloria Urquhart v Fife Primary Care NHS Trust
(Lord Brodie) Nursing personal injury case.
Administrative Law
Petition of Laureen Joan Fargie [2008] CSOH 117
Petition for review of the eligibility criterion of the Skipton Fund which restricted payment to representatives of persons who died having been infected with Hepatitis C as a result of infected blood products or tissue from the NHS.
Petition for Judicial Review of Fairlie
Judicial Review in relation to the administration of the Skipton Fund in relation to compensation payments for Hepatitis C.
Petition for Judicial Review of Hayleigh Reynolds
Judicial Review in relation failure to provide drug treatment to a young girl.
Petition Cameron Fyfe v The Council of the Law Society and Others (Inner House) 2017 CSIH 6