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Ampersand News
Determination issued in Fatal Accident Inquiry of John Johnston
13th January 2012
Sheriff Ian Dunbar, Sheriff of Tayside, Central and Fife at Dunfermline has just issued his determination in the Fatal Accident Inquiry into the death of John Johnston, which concerned a complication arising from PEG tube insertion and infection of a Total Parenteral Nutrition Line during a hospital admission. The Sheriff made formal findings only.
The case is interesting in that a Fatal Accident Inquiry was held to meet the concerns of the family of John Johnston but in his determination the Sheriff questioned whether an Inquiry was necessary given both the purposes of an Inquiry in terms of the Act and the whole medical picture. It can be viewed in the context of the recent case of Emms v Lord Advocate [2011] CS1H 7, also concerning a PEG tube, in which the reclaimer’s petition for judicial review of a decision to order an inquiry under section 1 (1) (b) of the Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 1976 was refused as not being in the public interest.
The Sheriff’s determination may be found here.
Fiona Lake of Ampersand appeared for Fife Health Board.
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