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Daniel Stalker v. Lothian Health Board [2008] CSOH 77

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Proof - Professional Negligence:- The pursuer, a 51 year old man, was married in 1980 and he and his wife had four children. Following the birth of their fourth child in 1995 the pursuer decided to have a vasectomy. On 7 May 1996 he attended the Family Planning and Well Woman Clinic at 18 Dean Terrace, Edinburgh for a vasectomy under local anaesthetic. In this action the pursuer claimed that in the course of the operation he sustained injury as a result of the professional negligence of the surgeon who was employed by the defenders. The case proceeded to proof and the issue in question was whether the injury suffered by the pursuer during the course of the vasectomy was caused by the professional negligence of the surgeon.

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