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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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Can anyone on this site help me with the wording of a

Resolved Question:

Hi can anyone on this site help me with the wording of a minute of amendment, enrolling the amendment and any other part of the process that I need to follow.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstCould you explain a little more about what it is that you need to achieve?
Expert:  Clare replied 1 year ago.
I see that it is Scottish Law so I shall opt out and transfer you to the correct section
Expert:  JGM replied 1 year ago.
I am a lawyer in Scotland. Can you explain your situation a little more?
Customer: replied 1 year ago.
I have an ongoing negligence case that has been litigated at the Court of Session. The case is the consultant who delivered my son decided that after my second stage labour slowed down that I needed an assisted delivery, he told me he was going to use the suction cap. After delivering my son he failed to examine me in accordance with guidelines of GMC, he diagnosed a 2nd degree tear that was repaired at the time in the delivery room, due to the fact he has failed to examine me properly it was discovered that he had missed a 6cm tear at the back of my vaginal wall causing me to heamorage and needing emergency surgery. Also due to me becoming incontinent after the delivery, further examinations and tests show I had sustained a 3rd degree tear, that was missed due to the consultant failing to examine me. The case has been run in conjunction to Hunter V Hanley and the Bolam Test, last year in the Supreme Court, the Montgomery v Lanarkshire health ruling now looks at the issue of consent, if a doctor has fully explained what the outcome of a particular procedure will be event if it is a very small percentage, and what the alternative would be, this never happened in my case and the ruling now allows for it to be taken into account when the court is looking at the case, that is what I want to include in my minute of amendment.
Expert:  JGM replied 1 year ago.
So I presume you want to put in factual averments about the lack of explanation from the doctor which meant you didn't make a decision based on informed consent? You would also have to aver that had the doctor explained the procedure and the risks that you would have elects not to go ahead with it. Is that the case and was there an alternative in what seems to have been an emergency situation. Do you have a Hunter v Hanley expert report? Has it been updated by the expert witness since the Montgomery decision?
Customer: replied 1 year ago.
Hi I do have an expert report re Hunter v Hanley, who is supportive but talks abouts the possibility of his report being questioned by the other side. My expert hasn't updated my report since the outcome of the Montgomery hearing, as I have no legal representation and the experts wount speak to me directly, I am struggling to get a solicitor to look at my case, although I believe the the Montgomery outcome has strengthened my case. There is no way I would have gone ahead with the assisted delivery if they had explained the possibility of a 3/4th degree tear that would possibly leave me bowel incontinent. There is also an issue of the doctor not giving me a drug to speed up my labour after it had slowed down. This is mentioned in my medical notes but never at any time did the ask my opinion on this, or explain the pro's and cons with not using this treatment. My expert has expressed had this been done there would have been no need for an assisted delivery.
Customer: replied 1 year ago.
Hi do you have any more information with regards ***** ***** question please.
Expert:  JGM replied 1 year ago.
To enrol a Minute of Amendment you have to prepare the Minute of Amendment along the lines of: IN THE COURT OF SESSION MINUTE OF AMENDMENTin the cause ..PURSUER ..DEFENDER The Pursuer craves leave of the Court to amend the Record as follows: 1. 2. 3. AND OF NEW TO CLOSE THE RECORD IN RESPECT WHEREOF PURSUER Note that the number paragraphs have to contain instructions as to what is to be amended with reference to page number, line number etc in the existing Record. The Minute of Amendment has to be accompanied by a Motion seeking to have the Minute of Amendment received, time allowed for Answers to the Minute of Amendment and for the Record to be amended thereafter. See the Court of Session rules at www.scotcourts.gov.uk which will also assist you here.
JGM, Solicitor
Category: Law
Satisfied Customers: 11135
Experience: 30 years as a practising solicitor.
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