News
6 March, 2025
David Downie v Fife Health Board
Ampersand’s Scott Clair acted as junior counsel to Craig Allardice for the pursuer, and James McConnell KC acted for the defenders, in this case which went to proof on allegations of negligence by a psychiatrist. The case has some procedural history, having been to the Sheriff Appeal Court on relevancy questions before finally coming to proof.
The pursuer is a former professional golfer who, on 14 January 2016, was made the subject of compulsory detention for mental health reasons. After four days of detention a psychiatrist reviewed him, concluded that he no longer met the criteria for detention, and revoked the Short-Term Detention Certificate under which he had been detained. The pursuer thereafter discharged himself against medical advice.
The pursuer contended that the psychiatrist’s decision to revoke the STDC was a negligent one, and said that as a result of that revocation he experienced a period of untreated illness. The defenders argued that the decision to revoke the discharge certificate was the correct one, and that in any event no relevant causal consequences flowed from the revocation.
The case came to proof before Sheriff Campbell KC. He preferred the evidence of the defenders’ expert psychiatrist, and found that the treating psychiatrist had not breached his duty and granted decree of absolvitor.
The Judgment of Sheriff Campbell can be found here.