THE family of a woman who died from a blood clot has been awarded £228,000 after a judge ruled a doctor caused her death.
Maria Donald, 45, died on August 6, 2003, at Ayr Hospital after suffering a deep vein thrombosis (DVT).
The mother-of-four had visited the Ballochmyle Medical Practice in her home town of Mauchline, Ayrshire, on July 16 after complaining of chest pains and feeling breathless.
Dr John Cleland said she was suffering from panic attacks because her mother had recently died and advised bereavement counselling.
Mrs Donald's condition got worse over the next few days but Dr Cleland refused to believe she was suffering from anything other than a stress-related illness and declined to send her to hospital for an examination on July 28.
Just nine days later she had to be rushed by ambulance to hospital. She died in the accident and emergency department.
Her husband Robin and daughters Gillian, 30, Emma, 25, Sarah, 24, and Ruth, 24, claimed the GP – who is now retired – did not do enough to save her life and launched a legal action against the Ballochmyle Medical Practice at the Court of Session in Edinburgh.
A team of medical experts investigated and said Dr Cleland should have taken a look at Mrs Donald's symptoms and her medical history.
They concluded she should have been checked out for DVT in hospital.
Judge Lord Glennie issued a written judgment and criticised the GP for his incompetent conduct.
He wrote: "I conclude Dr Cleland's negligence on July 28, in failing to refer Mrs Donald, resulted in her death. Had he referred her then, she would not have died of a pulmonary embolism on August 6."
In an earlier hearing at the court, Lord Glennie heard how pharmacy worker Mrs Donald was plagued by depression and had received treatment for the condition.
To cope with her feelings, the court heard Mrs Donald comfort ate and put on weight. At the time of her death, she weighed around 20 stones. She also suffered from cramp-like pains in her legs at various times in her life.
In his judgment, Lord Glennie said Mrs Donald and her daughter Gillian were surprised at the diagnosis of a panic attack.
The judge wrote: "Mrs Donald described her breathlessness which must have been very obvious as she walked in. Her chest was tight. Her breathlessness was apparent from her speech. She used the expression 'as if an elephant is sitting on my chest' or something similar."
Lord Glennie concluded Dr Cleland was negligent and that the Ballochmyle practice should pay the family £228,000.
He wrote: "In those circumstances, the expert evidence and that of Dr Cleland clearly establish that Dr Cleland ought to have done more than he did and ought to have referred Mrs Donald to hospital. He was negligent not to have done so."
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