Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

Widow who claimed husband died due to doctor’s negligence loses £400k legal battle

Forth Valley Royal Hospital.
Forth Valley Royal Hospital.

A widow who claimed her husband died because of a senior doctor’s alleged negligence has lost her £400,000 legal battle.

Jennifer McCulloch, 48, from Perthshire, sued Forth Valley Health Board at the Court of Session because she believed her husband Neil did not receive adequate treatment at Forth Valley Royal Hospital in 2012.

Mr McCulloch was admitted to the medical facility in Larbert, Stirlingshire, on three occasions in 2012.

He had been initially admitted to the hospital on March 23 after becoming seriously unwell with chest pains. Doctors suspected he was battling acute respiratory distress syndrome.

He was intubated and ventilated and recovered enough to be released from hospital on March 30.

Mr McCulloch was admitted to hospital for a second time on April 1 2012 suffering from chest pains.

Doctors again thought he made a recovery and he left for home on April 6 2012.

Mrs McCulloch said that on this occasion, Mr McCulloch, who was aged 39 at the time, was visibly unwell.

She said he had to be taken out of the hospital in a wheelchair and had to be helped into a car.

Mrs McCulloch said her husband struggled to climb the steps into their home and she could hear him being sick during the night.

Mr McCulloch then went into cardiac arrest and died the following day.

Mrs McCulloch, of Braco, believed that a consultant cardiologist who treated her husband – Dr Catherine Labinjoh – acted negligently and did not follow best practice in treating him during his stay in hospital.

Her lawyers told judge Lord Tyre that the evidence showed Dr Labinjoh could have done more to prevent Mr McCulloch from going into cardiac arrest and dying.

She sued the health board for £100,000 as executor of Mr McCulloch’s estate and £300,000 as an individual.

Lawyers acting for the health board argued that the evidence available to the court did not show that Dr Labinjoh acted incorrectly with regard to Mr McCulloch. Both legal teams agreed that Mr McCulloch died from heart issues.

In a written judgment, Lord Tyre ruled in favour of the health board.

He wrote: “There is simply no basis in the evidence… whatever it may have consisted of, treatment would have been likely to be successful in preventing Mr McCulloch’s death.”