By James Rougvie

THE PARENTS of 12-year-old Nicola Welsh, who died in Ninewells Hospital, Dundee, despite the attentions of at least 17 doctors over a period of four days in 1999, are to reactivate a £100,000 damages claim against Tayside University Hospitals Trust, which administers the hospital.

The schoolgirl was pronounced brain dead eight days after becoming ill, and the findings of a fatal accident inquiry held in the latter part of last year and which concluded in April were published on Monday.

Sheriff Frank Crowe ruled her death may have been preventable and that had “appropriate steps” been taken at an earlier stage, Nicola would have had a reasonable chance of making a complete recovery.

He recalled from the inquiry that Nicola had been seen by at least 17 doctors, and had steps been taken earlier to reduce pressure on the brain, brain stem death could have been avoided.

He said, “Nicola would have had a reasonable chance of making a complete recovery and accordingly the death might not have occurred.”

Nicola’s parents Audrey and Frank raised an action for damages at Dundee Sheriff Court in the wake of their daughter’s death, but this was sisted—halted temporarily—until the outcome of the fatal accident inquiry and the sheriff’s findings were made public.

The couple’s solicitor, Heather Glen, said last night that the action would now be put back into process unless there were negotiations or a settlement.

The basis for the action is that Mr and Mrs Welsh are claiming compensation for the pain and suffering and the loss of society of their daughter.

Ms Glen said defences had not yet been lodged and that the motion to halt the proceedings had been agreed between the family’s legal representative and the legal representatives from the NHS Scotland central legal office, which is handling the action on behalf of TUHT.

“The way forward for the family now is that although legal aid has not yet been granted, we hope it now will be on the basis of the sheriff’s determination and the action can proceed,” she said.

The family said on Monday that they now wanted the affair referred to the General Medical Council.