| Case ID |
214c56f6-81c6-493a-896e-dbf73a9f9094 |
| Body |
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| Case Number |
D-2741 of 2016 |
| Decision Date |
Jul 12, 2023 |
| Hearing Date |
May 10, 2023 |
| Decision |
The Supreme Court of Pakistan concluded that Dr. Labinjoh's decision not to prescribe NSAIDs to Mr. McCulloch was not negligent. The court upheld the 'professional practice test' which states that a doctor is not liable for failing to inform a patient of alternative treatments if their decision is supported by a responsible body of medical opinion. The court ruled that Dr. Labinjoh's professional judgment, based on Mr. McCulloch's lack of pain and the absence of a clear diagnosis of pericarditis, was valid and did not constitute a breach of duty. Consequently, the appeal from Mr. McCulloch's family was dismissed, affirming that the doctor's actions aligned with accepted medical standards. The case reinforced the importance of clinical judgment in medical negligence claims. |
| Summary |
This case revolves around the legal test for establishing negligence by medical practitioners, particularly focusing on the professional judgment exercised by Dr. Labinjoh in treating Mr. McCulloch. The Supreme Court examined whether Dr. Labinjoh acted in accordance with accepted medical practices when she decided against prescribing NSAIDs to Mr. McCulloch, who had been hospitalized with chest pains. The court highlighted the 'professional practice test' as a critical standard in assessing medical negligence, emphasizing that a doctor's decisions should be informed by a responsible body of medical opinion. Ultimately, the court found no negligence, thereby underscoring the significance of clinical discretion and the necessity for patients to be adequately informed about reasonable treatment options. This case is crucial for understanding the intersection between medical duty of care and patient autonomy, particularly in the context of informed consent and the risks associated with medical treatment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Forth Valley Health Board,
General Medical Council,
British Medical Association
|
| Judges |
Lord Reed,
Lord Hodge,
Lord Kitchin,
Lord Hamblen,
Lord Burrows
|
| Lawyers |
Robert Weir KC,
Lauren Sutherland KC,
Una Doherty KC,
David Myhill,
Ewen Campbell,
Roddy Dunlop KC,
Ben Collins KC,
Sophie Beesley
|
| Petitioners |
McCULLOCH and others
|
| Respondents |
FORTH VALLEY HEALTH BOARD
|
| Citations |
2023 SLD 2155,
2023 SCMR 1609
|
| Other Citations |
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582,
Hunter v Hanley 1955 SC 200,
Bolitho v City and Hackney Health Authority [1998] AC 232,
Montgomery v Lanarkshire Health Board [2015] UKSC 11, [2015] AC 1430,
Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307
|
| Laws Involved |
Negligence
|
| Sections |
Not available
|