Scotland: Fatal Accident Inquiry

Norma Haq

Reference 2B1419/01 Published 23 April 1998 Sheriff Sheriff A.L.A. Duncan Sheriffdom Glasgow and Strathkelvin Section 28 responses identified 0 8-week deadline 18 June 1998

Recommendations

Recommendations (the sheriff's words)

(4) In terms of Section 6(1)(e) of the said Act the death ought to have been reported to the procurator fiscal in terms of the literature "Death and the Procurator Fiscal"; said literature ought to be sent by the Scottish Executive to managers of private hospitals in addition to NHS hospitals; management in NHS and private hospitals should ensure that all doctors treating patients are aware of the terms of "Death and the Procurator Fiscal"; in any event Mr Hansell should have known such a report was required from his own NHS consultant practice; it would have been appropriate to report to the Scottish Audit of Surgical Mortality (SASM), and effort should be made to encourage the participation of surgeons in private practice in SASM, a voluntary scheme; there should be a system of review of cases in a private hospital such as Ross Hall Hospital where a patient's stay in hospital is longer than expected following an elective procedure; there should be participation in managed clinical networks in specialist areas by consultant surgeons in a private hospital such as Ross Hall Hospital; there should be guidelines for surgeons operating in a private hospital such as Ross Hall, regarding discussion of patients or transfer of patients to specialist care centres where an instrumental perforation of the upper gastro intestinal tract has occurred; that the Department of Health considers issuing guidance to surgeons relating to instrumental perforation of the upper gastro intestinal tract in respect of transfer to specialist care centres.

Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The 8-week window is counted from the publication date. See how we track responses.

Section 28 responses

Overall status, as assessed by this site: Response pending

No response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.

About Fatal Accident Inquiries

Fatal Accident Inquiries are held under the 2016 Act before a sheriff. They are mandatory for deaths in custody and at work. The sheriff may make recommendations under s.26(1)(b); recipients must respond within 8 weeks under s.28. See the methodology page for detail.

Data: scotcourts.gov.uk.