Una Doherty KC

Jennifer McCulloch and others v Forth Valley Health Board [2021] CSIH 21 [2020] CSOH 40
For defender – pursuers claimed negligence in cardiologist’s care resulted in death of 39 year old. Proof heard over eight days. Granted decree of absolvitor. Upheld on Appeal by Inner House. UK Supreme Court judgment pending (heard May 2023)

Alan McNab and others v Greater Glasgow Health Board [2020] CSOH 53
For defenders – pursuers were relatives of a deceased women, and claimed negligence on the part of a consultant urological surgeon which resulted in the death. Proof over five days. Decree of absolvitor.

August 2019
For pursuer – negligence by radiologist resulting in delayed diagnosis of breast cancer – complicated issues of causation, reduced life expectancy and quantum – settled extra-judicially.

January 2019
For pursuers – negligence in obstetric care both antenatally and during labour, resulting in injury to baby twin and death weeks later – settled extra-judicially.

LT (as guardian of RC) v Lothian Health Board [2019] CSIH 20
For defenders and respondents – pursuers reclaimed the Lord Ordinary’s decision to grant decree of absolvitor at a proof restricted to negligence – the pursuers claimed the Lord Ordinary erred in relation to the lack of informed consent case. Reclaiming motion over two days. The reclaiming motion was refused.

LT (as guardian of RC) v Lothian Health Board [2018] CSOH 29
For defenders – pursuers alleged negligence against the obstetrics registrar in respect of the birth of the pursuer’s son, who has cerebral palsy. Three grounds of fault at proof – a failure to interpret the CTG case, a failure to expedite delivery case, and a failure to obtain informed consent case. Three week proof restricted to the issue of negligence. Decree of absolvitor.

January 2018
For defender (Health Board) – alleged negligence in diagnosis of a child’s meningitis – child severely disabled – defended on causation and quantum – settled extra-judicially with a periodic payment agreement.

August 2017
For pursuer – negligence of GP – failure to diagnose acute limb ischaemia resulting in leg amputation – settled after valuations intimated.

April 2017
For second defender (Health Board) – alleged failure to give proper advice as to appropriate chemotherapy treatment – complicated issues of negligence, causation and quantum – settled shortly before proof.

Glen v Tayside Health Board [2017] CSOH 18
For defender (9 day proof) – alleged negligence of midwives – three different grounds of alleged negligence in post-natal care – criticisms of five midwives. Decree of absolvitor. Pursuer reclaimed – then abandoned reclaiming motion after detailed Notes of Arguments exchanged.

October 2016
For second defender (Health Board) – alleged negligence in delay in diagnosis of deceased’s melanoma – complicated issues of negligence, causation and quantum – settled extra-judicially.

Watson v Greater Glasgow Health Board [2016] CSOH 93
For defender – Procedure Roll discussion on relevance of pursuer’s pleadings- alleged negligence of nursing staff and management. The Court ultimately allowed a PBA “In spite of the carefully and forcefully presented submissions by Ms Doherty”.

January 2016
For pursuer – negligence in nursing care given in psychiatric ward, resulting in pursuer setting fire to self.

September 2015
For defender – alleged negligence in care of child post-surgery, profound brain damage – settled extra-judicially.

May 2015
For defender – alleged failure to diagnose incomplete cauda equina syndrome – pursuer abandoned shortly before proof.

Crawford v GGHB 2014
For defender – part-heard proof (6 weeks) – alleged negligence of medical and nursing staff resulting in birth of baby with cerebral palsy and cognitive damage. Settlement achieved prior to continued diet of proof.

April 2014
For pursuer – midwifery negligence – child born with cerebral palsy- settled extra-judicially with a periodic paymet agreement.

February 2014
For defender – failure to diagnoise lung cancer – claim by relatives of deceased under section 4 of Damages (S) Act 2011 (nine pursuers) – jury trial- settled extra-judicially.

June 2013
For defender – death of 73 year old – alleged clinical negligence in failures to diagnose and treat coronary disease – action abandoned by pursuer when debate on relevancy of pursuer’s pleadings was sought.

June 2012
For defender – child born with cerebral palsy – settled extra-judicially with a periodic payment agreement.

June 2019
For seven pursuers, relatives of young man killed at work – successful summary decree motion establishing liability. Jury trial on quantum allowed for six pursuers- settled extra-judicially. Proof on quantum allowed for final pursuer, deceased’s partner – settled extra-judicially.

April 2017
For defender – RTA resulting in leg amputation – settled extra-judicially at start of proof diet.

October 2016
For defender – RTA resulting in paraplegic pursuer with brain injury – contributory negligence argument – pursuer was passenger, driver had been drinking – settled extra-judicially – names and settlement sum withheld because of confidentiality

Wallis and others v Ironside and others – June 2016
For eight pursuers – proof – fatal RTA – admission of liability after pursuers’ evidence led and first defender cross-examined, leading to decree being granted as quantum agreed

August 2015
For eight pursuers – fatality caused by house fire – negligent installation and servicing of stove in neighbouring property, resultant damage leading to fire – settled extra-judicially – names and settlement sums withheld because of confidentiality

June 2015
For pursuer – application to the CICA – under 1990 Scheme – very severe brain damage when assaulted as an infant – oral hearing resulting in extremely high award.

June 2013
For defender – damages for personal injury – pursuer tripping and sustaining injury – Occupiers Liability (S) Act 1960 – case settled extra – judicially after proof part-heard.

September 2012
For pursuer – RTA – severe physical and psychiatric injuries – settled extra-judicially.

Macmillan v De Vere Group Ltd and Another, Hamilton Sheriff Court, 19 June 2012 (unreported)
For pursuer – proof – damages for personal injury – whether breach of s3 Consumer Protection Act 1987

Boyle v Bourne Leisure Ltd, Ayr Sheriff Court, March 2012 (unreported)
For pursuer – proof – damages for personal injury – pursuer tripping and sustaining injury – Occupiers Liability (S) Act 1960

Fatal Accident Inquiries

Inquiry into the death of Fearne Adger, Paisley Sheriff Court [2022] FAI 18
For Greater Glasgow Health Board- death of 8-month old who presented to hospital with symptoms of gastroenteritis- in fact undiagnosed parechovirus which led to a sudden fatal cardiac arrhythmia- there were failings in the care given, but they had no relationship to the death which was unpredictable and unavoidable

Inquiry into the death of Antony Storrie, Paisley Sheriff Court [2016] FAI 21
For Greater Glasgow Health Board – in police custody when died – in hospital with drug intoxication – in fact, unexpected and undiagnosed liver laceration due to blunt force trauma which caused the death – no criticisms of medical care given, Sheriff Principal said diagnosis by medical staff was entirely reasonable and he commended their efforts

Inquiry into the death of Robert Baird, Airdrie Sheriff Court [2016] FAI 4
For National Waiting Times Centre Board – death due to thoracic aortic dissection – not diagnosed / treated

Inquiry into the death of David Cameron, Glasgow Sheriff Court [2015] FAI 13
For Greater Glasgow Health Board – prisoner died at Barlinnie Prison when jumped from fourth  floor – issues over his medical care, and his anti-depressant medication – only formal findings made despite contrary submissions by the PF and the family

Inquiry into the death of Ross Drummond, Glasgow Sheriff Court 15 January 2014
For Greater Glasgow Health Board – prisoner died at Barlinnie Prison – on a dihydrocodeine detoxification programme while in prison – died as a result of dihydrocodeine intoxification – issues over his suitability for the detoxification programme and likely level of dihyrocodeine consumed to cause his death- only formal findings were made, despite contrary submissions made by the family – no criticisms of the medical care provided.

Inquiry into the death of Lynsy Myles, Edinburgh Sheriff Court 27 February 2004
For the deceased’s family- medical issues – failure to detect brain tumour in 18 year old

Inquiry into the death of Michael Lyons, Glasgow Sheriff Court 20 June 2002
For the deceased’s family- medical issues- manner of removal of crack cocaine bag in deceased’s mouth

Public Inquiries

Vale of Leven Hospital Inquiry
Represented Clinical Services manager who was witness at the inquiry (June 2012)

June 2011
For defender – property damage/breach of contract – settled extra-judicially shortly before proof

January 2011
Earthgrass Ltd t/a Khushi’s v Aviva Insurance Ltd
For defender – commercial action – fire damage – breach of contract of insurance – part-heard proof, 14 days – settled extra-judicially.