A grandmother from Fife who lost her limbs after getting sepsis from a paper cut has lost her legal battle for compensation at Scotland’s highest civil court.
Marguerite Henderson, 57, sued her GPs at Benarty Medical Practice in Lochgelly, alleging they did not do enough in February 2018 to stop her falling seriously ill.
She alleged failures in care led to surgeons having no option but to amputate both legs below the knees, her left arm and part of the thumb of her right hand.
Earlier this year, judge Lady Wise at the Court of Session rejected arguments from Mrs Henderson stating medics were at fault.
In a written judgment issued by the court, Lady Wise concluded Mrs Henderson lacked the evidence to show her doctors had failed to care for her.
This prompted her to go to the Inner House of the Court of Session.
‘No error’ made in judgement
Appeal judges Lord Boyd, Lord Pentland and Lord Malcolm heard submissions Lady Wise had failed to understand and properly assess the evidence put before her.
However, in a written judgment published by the court, the judges upheld their colleague’s decision.
Lord Boyd, who delivered the opinion, wrote: “We recognise the catastrophic consequences that sepsis has had on the reclaimer (Mrs Henderson) and she has our sympathy.
“We have carefully considered all of the 16 grounds of appeal and the written and oral submissions.
“We can however, find no error in the Lord Ordinary’s opinion which is cogent, comprehensive and well-reasoned.”
Appointment dispute
The case heard by Lady Wise focused on a dispute over whether a scheduled appointment on February 28 2018, to have the cut examined, was cancelled by Mrs Henderson or by a receptionist at the practice.
The Court of Session heard Mrs Henderson first noticed a small paper cut with a blue spot on it three days before.
The court heard it did not go away and she later woke feeling flu-like symptoms.
Lady Wise heard she contacted the Benarty practice and said she felt too unwell to attend.
A new appointment was made for the next day but her condition had deteriorated and she was unable to get out of bed.
Later in the morning the GP surgery called to ask if Mrs Henderson still intended to go to her appointment that afternoon.
Mrs Henderson gave evidence saying she still needed the appointment, while the receptionist claimed she had wished to cancel.
Relatives took an increasingly-sick Mrs Henderson to Kirkcaldy’s Victoria Hospital , where doctors diagnosed sepsis and worked to save her limbs.
The medics were later forced to operate.
Judges in agreement
In her written judgment, Lady Wise said she preferred the receptionist’s version of the appointment cancellation conversation as it was supported by other evidence presented to the court.
She wrote of Mrs Henderson: “Her ordeal has been prolonged and her determination to pursue those she deems responsible for any delay in having her condition diagnosed and treated is understandable and appropriate.
“Her account of the call is, however, simply not tenable when examined in the context of other unchallenged evidence.”
The Inner House of the Court of Session agreed with the submissions made by lawyers acting for the medical practice.
Pioneering treatment
Mrs Henderson previously hit the headlines when she became the first NHS patient in the UK to receive a bionic “Michelangelo” hand in December 2020.
She said at the time: “I’ve only had it a few weeks, but already it’s helping me to be more independent.
“It will mean very simple things like cutting my own food, eating different things, feeling comfortable about eating out – I can’t wait to eat a burger, which of course you need two hands for.”
Mrs Henderson used her half thumb to type out a book detailing her experiences with sepsis.
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