Highlands & Islands

Apology to brain damaged girl's parents who sued NHS for £10.5m

Raigmore Hospital
Image caption Rowan MacLeod, who has cerebral palsy, was born at Raigmore Hospital

A family have received an apology over the time it took for a judge to rule on their attempts to sue NHS Highland over the care of their daughter.

But appeal judges said the original judge in the case was right to dismiss their £10.5m compensation claim.

Jacqueline and Andrew MacLeod claimed staff at Raigmore Hospital in Inverness acted negligently when delivering their daughter Rowan in June 1999.

A judge heard their case in 2012 but did not issue his opinion until 2014.

Lord Kinclaven had at one point said he intended to issue his opinion in February 2013 but it was January the following year before the family learned the outcome of the case.

Appeal judges Lord Brodie, Lady Dorrian and Lord Drummond Young said this was not "within a reasonable time".

However, they ruled that Lord Kinclaven acted correctly in dismissing the compensation claim.

The judges also said there was no legal need for the case to be heard again. The Fort William couple's lawyers had argued that the case should be allowed to return to court.

The MacLeod's alleged that Rowan, who has cerebral palsy, was not properly monitored during her birth and suffered brain damage as a consequence of this.

Lawyers acting for NHS Highland said staff had acted correctly.

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