News
12 February, 2025
Lynda O’Neill and others v Scottish Ambulance Service Board
Ampersand’s Lauren Sutherland KC acted for the pursuers with Hugh Masters as junior counsel, instructed by Drummond Miller LLP, in this sad case which arose out of the death in June 2020 of Brian O’Neill. At the time of his death Mr O’Neill was visiting an off-grid hutting community. One evening he fell and sustained a significant laceration to his head. He was attended to in the first place by a psychiatrist, who was also visiting the hutting community and who was, to that extent, “off duty”. A 999 call was made and triaged into the ‘green category’ to be the subject of further triage.
A second 999 call followed, made by a paramedic employed by the defenders. The call was, in substance, to the psychiatrist. The content of the call was very controversial. The psychiatrist’s evidence was that she felt that Mr O’Neill needed to go to hospital, and told the paramedic that. The paramedic gave evidence that the psychiatrist said that she would look after Mr O’Neill without further assistance. After the call ended an ambulance was not sent. The psychiatrist left Mr O’Neill in his hut overnight.
The following morning Mr O’Neill was found on the floor of his hut. He was not breathing and a third 999 call was made. Ambulances were despatched but he could not be resuscitated.
The nub of the case was the second 999 call. The pursuers argued that the paramedic who made it should have sent an ambulance. The defenders argued that the psychiatrist had told the paramedic that an ambulance was not required, and that it was reasonable in those circumstances for the paramedic to decide not to send an ambulance.
The case came to proof before Lord Young. He preferred the evidence of the psychiatrist and found the paramedic to have breached her duty by not sending an ambulance after the second 999 call. He awarded the pursuers more than half a million pounds in damages.
The Opinion of Lord Young can be viewed here.