A health board in Scotland has been prosecuted after the death of a patient in Aberdeen.
Grampian Health Board, also referred to as NHS Grampian, pleaded guilty following the death of 40-year-old Vincent Mulsant at the Royal Cornhill Hospital on 28 March 2020.
Grampian Health Board is responsible for commissioning health and care services for the residents in the local authority areas of Aberdeen City, Aberdeenshire and Moray.
The incident occurred after Mr, Mulsant had been admitted to the hospital on 31 December 2019. He had managed to abscond from a ward in two separate incidents, on 19 and 22 February, which resulted in him being placed under constant supervision.
However, an investigation by the Health and Safety Executive (HSE) found that Grampian Health Board had failed to adequately manage the risks posed to a patient’s health and safety.
Grampian Health Board charged
Aberdeen Sheriff Court heard how on 28 March, two staff members found Mr, Mulsant lying on the bathroom floor. Despite their efforts and those of paramedics in attendance, Mr, Mulsant was pronounced dead at the scene.
As a result of this incident, changes have been made to the management of in-patient wards within Royal Cornhill Hospital.
On 8 August 2024, Grampian Health Board pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974 and were fined £60,000 with a £4,500 victim surcharge.
Speaking after the case an HSE spokesperson said:
“This tragic case highlights the need for suitable and sufficient systems to be put in place to ensure that vulnerable patients are kept safe while they are in hospital.”
Medical negligence claims
If you feel that you have suffered harm or a loved one has been affected as a result of medical negligence, then you may be entitled to bring about a compensation claim.
The team at Oakwood Scotland will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.
Our team of Medical Negligence specialist solicitors are happy to assist you with any enquiry or issue you might have. For your claim, you will have a dedicated advisor who will see your claim through from start to finish.
Types of medical negligence
Medical negligence occurs when a healthcare professional fails to provide the standard of care expected, resulting in harm to the patient. Here are several common types of medical negligence:
Misdiagnosis or delayed diagnosis
- Misdiagnosis: When a healthcare provider incorrectly identifies a patient’s condition, leading to inappropriate or ineffective treatment.
- Delayed Diagnosis: When a condition is identified later than it should be, potentially worsening the patient’s health or reducing treatment effectiveness.
Medication Errors
- Wrong Medication: Prescribing or administering the incorrect drug.
- Dosage Errors: Giving too much or too little of a medication.
Surgical Errors
- Surgical Mistakes: Errors made during surgery, such as operating on the wrong site or leaving instruments inside the patient.
- Anaesthesia Errors: Incorrect administration of anaesthesia, leading to complications.
Failure to Obtain Informed Consent
- Informed Consent: Patients must be fully informed about the risks, benefits, and alternatives to a procedure or treatment. Failure to provide this information can be considered negligence.
Errors in Diagnosis and Testing
- Failure to Order Tests: Not ordering necessary diagnostic tests or screenings.
- Misinterpretation of Results: Incorrectly interpreting diagnostic test results, leading to inappropriate treatment decisions.
Negligent Care
- Inadequate Treatment: Providing treatment that falls below accepted medical standards.
- Failure to Address Patient Concerns: Ignoring or dismissing patient symptoms or complaints that should be addressed.
Failure to Refer
- Referral Errors: Not referring a patient to a specialist when needed, leading to a delay in receiving appropriate care.
Birth Injuries
- Errors During Delivery: Mistakes made during childbirth that result in harm to the baby or mother, such as improper use of delivery tools or failure to address complications.
Who can bring a Medical Negligence claim?
The victim of the negligence can bring about a claim in their own right. However, it may also be the case that the victim has passed away as a result of the negligence or has suffered so severely that they are unable to bring about a claim as they no longer have the capacity.
In such circumstances, a claim can be brought about on their behalf either by an appropriate person or litigation friend if the victim is still with us or by the executor of the estate of the surviving dependant if the victim has passed.
Our specialist team will be able to discuss whether you have a right to bring about a claim so if you or a loved one has been affected do not hesitate to contact us.
How long do I have to make a claim?
Claims of this nature are subject to a three-year limitation period. This means that claims have to be commenced within the Courts within three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.
In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th birthday.
The law surrounding limitation periods is complex. Our specialist team will be able to advise further. Please do not delay, contact our specialist team as soon as possible.
How much is my claim worth?
It is often difficult to value Negligence claims at their outset, given the complexities involved however we will pursue two forms of compensation for you:
General damages – An award of money for the pain and suffering you have endured as a result of the negligence.
Special damages – An award for all of your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings, and treatment costs both past and future.
This list is not exhaustive and is very case-specific. Our specialist team will be able to advise further.
Why should I use Oakwood Scotland Solicitors?
We have a dedicated team of solicitors and paralegals who have many years of experience running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.
Oakwood Scotland Solicitors wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.
Further reading
Clinical Negligence – Oakwood Scotland Solicitors
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