The Courier & Advertiser (Perth and Perthshire Edition)
Carse killer sues health board, claiming psychiatrist’s negligence led to murder
stabbing: Wife fatally attacked after decision to readmit Cumming to hospital
A bid by killer Neil Cumming to sue Tayside Health Board over claims he would not have stabbed his wife to death but for the negligence of a psychiatrist in failing to get him admitted to hospital the day before the fatal attack has returned to court.
Cumming alleges that the medical professional failed to tell him of the availability of a bed at Murray Royal Hospital in Perth in the contested action.
A judge said Cumming was suing the health authority for compensation “in unusual circumstances”. John Beckett QC said: “The pursuer’s claim is that a psychiatrist employed by the defenders, Dr Lyn McLaren, was negligent in failing to advise the pursuer of the availability of a bed at Murray Royal Hospital, Perth, and in failing to arrange his admission there when he attended with her on July 14 2011 at Ninewells Hospital, Dundee.”
“He claims that, but for the negligence alleged, he would not have killed his wife the next day and would not have attempted ... suicide,” said the judge.
Cumming was ordered to be detained in the high-security State Hospital at Carstairs as a 46-year-old in 2012 as he was acquitted of murdering his wife, Barbara Jane in a frenzied attack on the grounds that he was insane at the time.
His 40-year-old wife suffered 36 major stab wounds in the fatal attack at the family home in Mary Findlay Drive, Longforgan, on July 15 in 2011.
After the killing Cumming tried to commit suicide, driving at speeds in excess of 100mph on the A90 Perth to Dundee road before crashing into the back of a lorry.
Cumming raised his action against the health authority at the Court of Session in Edinburgh, claiming damages for pain and suffering over the loss of his wife and other matters.
Mr Beckett said it was not disputed that Cumming had a lengthy record of serious mental disorder and that after his symptoms worsened while on holiday with his wife he was seen by Dr McLaren who decided he should be re-admitted to a psychiatric hospital.
She told him and his wife that no bed was available for him at the Carseview Centre at Ninewells Hospital. A bed was available at the Perth hospital.
But in his action he claims that the psychiatrist did not tell him or his wife of the availability of the bed at Murray Royal. He maintains that if he had been told that he would have accepted and travelled to Perth to be admitted.
The case came before the judge for amendment and recovery of documentation, part of which was in dispute.
Lawyers acting for Cumming sought documents prepared by the psychiatrist at or about the time of the events which were used in a subsequent internal health board inquiry which cleared Dr McLaren of any wrongdoing.
Mr Beckett refused to grant the move over the material in contention. He said there was a strong policy consideration that an organisation should not be inhibited from carrying out legitimate investigations and it would be undesirable to paralyse the taking of remedial measures.