Neutral Citation:
[2020] CSOH 9
Judge:
Lady Carmichael, Outer House, Court of Session in Scotland
Counsel:
Andrew Smith QC, R Henderson (instructed by Campbell Smith LLP) for the Pursuer
David Stephenson QC, V Khurana QC (instructed by NHS Scotland Central Legal Office) for the Defender
Hearing Dates:
not provided
Date of Judgement:
15 January 2020
Subject:
Clinical Negligence, Orthopaedics
Experts instructed:
Mr Timothy James, Consultant Orthopaedic Surgeon, Mr James Manson, Consultant Gastro-intestinal Surgeon; Dr Andrew Harrison, Clinical Psychologist, Peter Davies, employment consultant on behalf of the claimant
Mr Peter Wade, Consultant Orthopaedic Surgeon, Mr Butterwork, Consultant Plastic Surgeon (report agreed) on behalf of the defendant
Successful party:
Liability admitted
Legal cases considered:
none
Guidance Referred to:
none
Case Summary:
The pursuer sustained an injury to his right elbow during a football match in July 2003 and underwent a number of procedures following the injury. The defenders admitted liability in respect of any loss, injury and damage sustained by the pursuer as a consequence of a failure to perform an ultrasound scan of his right upper arm by 03/09/2003.The defenders admitted that had an ultrasound scan of the arm been performed by 03/09/2003 this would have disclosed a right distal biceps tendon rupture and surgical repair would have been carried out within a few days. The argument in the case related to quantum of damages given that the pursuer had a number of injuries and medical conditions since 2003 which had affected his ability to work. In particular he maintained that his gastro-intestinal problems were related to the ingestion of opioid medication to treat his the pain in his right arm and this was not accepted by the court.