The family of a man who died in Ninewells Hospital have failed in their bid for compensation despite NHS Tayside admitting negligence.
The Court of Session ruled even though staff failed to provide appropriate treatment to Mr Bruce after his admission to A&E, this failure did not cause his death.
It was decided even if action had been taken earlier, it would have made “no difference” to the “tragic outcome” for Mr Bruce, who was 62 at the time of death.
A post-mortem showed that the patient died of atherosclerotic coronary artery disease.
The Court of Session report stated: “On August 12, 2011, at the age of 62, he (Mr Bruce) or someone on his behalf had cause to call for an ambulance and thereafter he was admitted to Ninewells Hospital, Dundee.
“At the time of his admission to hospital he was in full-time employment and had just returned from a walking holiday to Austria.
“He had a close, loving and supportive family. Following his admission to hospital, which is timed in the records at 2125 hours, Mr Bruce ultimately died and was pronounced dead in the early hours of the next morning, August 13, 2011, at 0241 hours.
“The defenders (Tayside Health Board) admit that on the night of 12/13 August 2011 at the emergency department of Ninewells Hospital, the defenders’ staff failed to commence with IV fluids and hyperkalaemia treatment timeously.
“The only issue on which the parties went to proof was accordingly that of causation.”
The action against NHS Tayside was raised by Heather Bruce, Mr Bruce’s wife of 40 years.
Each side led evidence from a single expert respectively – Professor Patrick Nee for the pursuers and Dr Monika Beatty for the defenders.
Lord Arthurson concluded: “I am satisfied on the evidence led that this negligence accordingly did not cause the death of Mr Bruce, which was, instead, from the point in time of his admission to hospital an inevitable end-point of his medical journey there.”
No one from Mr Bruce’s family could be reached for comment.
NHS Tayside said they had no comment to add to the court’s decision.
