Reviewed by Michaela Christie
In a recent Scottish case, a terrible tragedy unfolded at a hospital. A 77-year-old woman lost her life due to alleged negligence by a young doctor. Let’s break down the story in simpler terms.
The incident
A 77-year-old woman was feeling unwell and went to the hospital. The Doctor who examined her made a crucial mistake. They didn’t recommend further tests, despite the lady showing troubling symptoms. The doctor spoke to a more experienced colleague but still no tests, and sent the woman home. The next day, her condition worsened dramatically, and she rushed back to the hospital A scan revealed that a blood clot had blocked an artery, causing her tissues to die. Sadly, she passed away shortly after.
Legal battle
The hospital argued that they did their duty by consulting with a senior doctor. However, the law says that even junior doctors must provide the same level of care as experienced ones. Therefore, just talking to a senior doctor wasn’t enough to absolve the junior doctor of responsibility. The junior doctor was directly responsible for not giving the right advice, which led to the tragedy.
Compensation
The woman’s partner, who survived her, had the right to seek compensation for the pain and suffering caused by this negligence. Under the Damages (Scotland) Act 2011, they were entitled to:
- £2,000 for the emotional distress caused by negligence (solatium).
- £75,000 for loss of society.
- £65,620 for the loss of support due to her passing.
- In the end, the court granted a total of £184,613.83 in compensation.
Seeking justice for you
This case demonstrates how the legal system can bring justice to those who suffer due to medical negligence. If you or a loved one have been through a similar situation and believe that you deserve compensation, know that you have rights.
We’re here to help
Did you know? Gildeas specialises also in handling cases involving Medical Negligence.
If you need to make medical negligence claim, you can get in touch with our Solicitor Alastair Cameron and his team to assist you in resolving your case and getting the settlement you deserve!
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