Hamilton v Fife Health Board

(1993) 4 Med LR 201

COURT OF SESSION, INNER HOUSE

Lord MCCLUSKEY, Lord CAPLAN, and Lord WYLIE

Hospital — Negligence — Infant — Personal injuries sustained prior to birth — Whether when injuries were sustained deceased was “person” or foetus — Whether trial judge correctly interpreted phrase “personal injuries sustained by him” — Damages (Scotland) Act 1976, section 1(1) — Damages — Scotland — Loss of society award — Whether relatives of deceased had claim against health authority in respect of injuries sustained by deceased prior to birth