Moyes v Lothian Health Board
| Jurisdiction | Scotland |
| Year | 1990 |
| Date | 1990 |
| Court | Court of Session (Outer House) |
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6 cases
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Wallace v Kam
...referring to Chappel v Hart (1998) 195 CLR 232 at 257 [66]. 23 Kenny & Good Pty Ltd v MGICA (1992) Ltd (1999) 199 CLR 413 at 446 [79]. 24 1990 SLT 444. 25 1990 SLT 444 at 26 1990 SLT 444 at 447. 27 1990 SLT 444 at 447. 28 (2012) Aust Torts Reports ¶82–101 at 66,049 [23], referring to Rosenb......
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Hilda Jean Ferguson V. David Herd
...and in the present case there were ample averments which satisfied this true test. Under reference to Moyes v Lothian Health Board 1990 SLT 444 counsel submitted that this same test fell to be applied in cases in which it was alleged that the negligence of a doctor consisted in his having f......
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Murray Keith V. Davidson Chalmers And Others
...circumstances of the present case. Reference was made to Midland Bank v Hett, Stubbs and Kemp 402 C-E; 403 B; Moyes v Lothian Health Board 1990 SLT 444 at 449 D-H; and Gordon v Wilson 1992 SLT 849 at 851L-852A. In April the pursuer's project was at a preliminary stage and the pursuer, thoug......
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Nadine Montgomery V. Lanarkshire Health Board
...test largely driven by expert medical opinion. This had been expressly confirmed in Scotland in the case of Moyes v Lothian Health Board 1990 SLT 444 where Sidaway was considered and applied by Lord Caplan at 449 H to K: "In my view the Sidaway case in no way alters the pre-existing view of......
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2 books & journal articles
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Negligent Valuations and a Drop in the Property Market: the Limits of the Expectation Loss Principle
...warned of risk B as well as risk A, she would not have had the operation. This argument wasaccepted in Moyes vLothian Health Board [1990] 1 Med LR 463 despite the harm suffered being theone in respect of which the patient was warned. A direct application of Lord Hoffmann’s approach tothe va......
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Montgomery v Lanarkshire Health Board and the Rights of the Reasonable Patient
...of Governors of the Bethlem Royal Hospital and the Maudsley Hospital.13 13 [1985] AC 871, as followed in Moyes v Lothian Health Board 1990 SLT 444. The majority in Sidaway held that doctors would not generally be found negligent if they followed the practice of a responsible body of medical......