
Fatal accident inquiry into death of man with severe leg ulcers
David Ainsworth, 59, died on January 22 2020 in Hairmyres Hospital, East Kilbride, after concerns were raised by a home carer.
Mr Ainsworth, of Hamilton, was taken to the hospital on January 20, where his condition deteriorated and he died.
On Thursday the Crown Office and Procurator Fiscal said it has lodged a first notice to begin the court process for a discretionary fatal accident inquiry.
A preliminary hearing will be held on June 13 2025 at Hamilton Sheriff Court, South Lanarkshire.
The purpose of an FAI is not to attribute blame to any person or party but to determine the cause of death, the circumstances surrounding the death, establish what precautions could have been taken, if any, and to minimise the risk of future deaths in future under similar circumstances.
It will explore the circumstances of Mr Ainsworth's death, with particular focus on the assessment, support and care he received.
Procurator fiscal Andy Shanks, who leads on death investigations for the Crown Office and Procurator Fiscal Service (COPFS), said: 'The death of David Ainsworth occurred in circumstances giving rise to serious public concern and as such a discretionary fatal accident inquiry should be held.
'An FAI will allow a full public airing of the evidence of the procurator fiscal's wider investigations with interested parties. The evidence will be tested in a public setting and be the subject of an independent judicial determination.
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The Independent
5 hours ago
- The Independent
Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute
A consultant sobbed as she spoke about her involvement in a dispute between a transgender doctor and a gender-critical nurse – as well as admitting a 'flagrant breach of confidentiality', a tribunal heard. Sandie Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at Victoria Hospital, Kirkcaldy, Fife, on Christmas Eve 2023. She was placed on special leave after Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care'. Ms Peggie has lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation. On Wednesday, consultant Dr Kate Searle admitted she sought out a witness to patient safety allegations made by Dr Upton, which occurred previously in December 2023 but were unreported. Dr Searle sobbed when the woman was mentioned and alleged that the healthcare worker 'did not want to be involved in this for fear that, as a mixed race person, she feared Ms Peggie's views about her race would affect her going forward working in our department with Ms Peggie'. During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Dr Searle admitted she had not been subject to disciplinary proceedings for it. Dr Searle agreed that the witness was 'the only person who was likely to be able to shed light on Dr Upton's claim that Ms Peggie refused to engage', in a resuscitation unit, however, she argued with Ms Cunningham about the woman's recollection of the incident. Ms Cunningham said the healthcare worker 'gave a clear answer that factually contradicted Dr Upton, as she said she recalled a conversation between Beth and Sandie, although couldn't recall details', during an internal probe, the tribunal heard. However, Dr Searle argued three times about the witness's recollection and concluded that the healthcare worker was 'contradicting herself', and said twice that she could not 'recall when it happened'. She said she 'couldn't recall' when she spoke to the healthcare worker, and admitted sending an email to 19 consultants on December 29 2023, describing the comments allegedly made by Ms Peggie as 'questioning her (Dr Upton's) whole being' the tribunal heard. Ms Cunningham asked if the doctor got in touch with the investigation manager to 'confess that you had left confidentiality in ruins' with an email to 19 consultants sent on December 29 2023, regarding the dispute which offered 'support' to Dr Upton and to 'condemn the actions' of Ms Peggie. Dr Searle said: 'I did not.' She denied attempting to 'bend the rules and transgress boundaries' by accompanying the junior doctor to an investigation meeting, and was accused by Ms Cunningham of 'turning up the temperature and increasing the emotional heat of the Datix report', the tribunal heard. Datix is a system used in healthcare settings to report incidents and manage risk, with a view to improving care. Dr Searle said: 'I reported it at time as I saw fit.' Ms Cunningham said: 'If the normal rules had been followed you wouldn't have been allowed to be present for Dr Upton's interview.' It was put to her that approaching a witness was a 'flagrant breach' of confidentiality. Dr Searle said: 'In hindsight, yes.' The barrister said priorities were 'surprising', and added: 'It seems you were more shocked by Sandie's refusal to play along with the pretence Dr Upton is a woman than about allegations of abandoning patients in resuscitation.' Dr Searle said: 'We didn't initially see they were big patient safety issues but, once it was all reported, we see they are.' She admitted adding the word 'rapist' to a Datix report although Dr Upton's account referred to a comment about prisons, the tribunal heard. Ms Cunningham said: 'You have added the word 'rapist' to the Datix haven't you?' Dr Searle said: 'What makes that comment so offensive and intimidating is the inference it is like Isla Bryson who is convicted male rapist, which is why its important to mention that on Datix.' She told the tribunal: 'I would not have known what sex Dr Upton was assigned at birth.' The consultant said she believed Ms Peggie had been cleared during a disciplinary 'due to lack of evidence', and 'believed and still do, that this was a hate incident', the tribunal heard. The tribunal continues.


Telegraph
5 hours ago
- Telegraph
NHS investigation ‘bent the rules' in favour of trans doctor
The NHS investigation into a nurse who complained about a transgender doctor using a female hospital changing room repeatedly 'bent' impartiality rules, an employment tribunal has heard. Naomi Cunningham KC, barrister for nurse Sandie Peggie, said there was a 'pattern' of 'rules being bent and the usual boundaries transgressed' to favour trans medic Dr Beth Upton. She challenged Dr Kate Searle, an emergency medicine consultant at the Victoria Hospital in Kirkcaldy, Fife, that the 'usual rules don't apply when dealing with Dr Upton, do they?'. Dr Searle disagreed but Ms Cunningham pointed to an email she sent to Dr Upton, passing on a message of support from Jamie Doyle, the hospital's head of nursing. The barrister said Mr Doyle was involved in the investigation and 'shouldn't it have been obvious to both you and Jamie that that was a wholly improper message from him.' Dr Searle replied: 'In hindsight, yes.' Ms Cunningham highlighted that Dr Searle was allowed to be present during Dr Upton's interview for the investigation, despite also being a witness in the case. She read an email from Angela Glancey, a clinical nurse manager, in which it was stated that Dr Searle would be interviewed first as 'that way there's no conflict once we speak to Dr Upton'. Dr Searle replied that she did not know the rules but Ms Cunningham said: 'Once again, this is a situation where we see rules being bent and the usual boundaries transgressed for Dr Upton. That's what you want and Angela indulges you.' She disagreed but then admitted she had committed a 'flagrant breach' of an instruction not to discuss the case with others, by speaking with another witness. The tribunal had previously heard how Dr Searle had emailed 19 of the hospital's consultants shortly after the incident to state that Dr Upton 'knows we all support her, and that we condemn the actions of Sandie'. The row centres on an encounter between Ms Peggie and Dr Upton on Dec 24 2023. The nurse experienced a sudden and heavy period and feared that it had bled through to her scrubs. Ms Peggie entered the female hospital changing room to find Dr Upton and challenged the medic's presence. Within hours, a bullying complaint was lodged by Dr Upton and the nurse was then suspended. In May last year Ms Peggie submitted a formal claim to an employment tribunal against NHS Fife and Dr Upton for sexual harassment, belief discrimination and victimisation. The nurse complained of being required to share a single-sex space with someone she believed to be male and being victimised for holding a gender-critical belief that biological sex is immutable. It emerged last week that Ms Peggie had been cleared of gross misconduct by an NHS Fife disciplinary hearing. However, the employment tribunal continues. Dr Searle spoke with Dr Upton on the night of the changing room incident and helped the medic fill out an official report into the matter. 'Flagrant breach' After Dr Searle was questioned about her email to the other consultants, and being present at Dr Upton's interview, Ms Cunningham said: 'Usual boundaries (are) transgressed because it's Doctor Upton, because it's about Doctor Upton. That's right, isn't it? This is becoming a pattern, isn't it?' Dr Searle disagreed but Ms Cunningham highlighted her invitation to an investigation meeting that stated 'you should avoid discussing the case with anyone other than your representative to ensure your confidentiality and that of the other parties involved'. The doctor said she had taken that instruction 'seriously' but she said she had not told Ms Glancey about her email to the other consultants, or passing on good wishes from Mr Doyle to Dr Upton. Ms Cunningham highlighted that Dr Searle had also spoken with the only third-party witness who could substantiate a claim that Ms Peggie had refused to communicate with Dr Upton over a patient. The barrister said the conversation was a 'flagrant breach' of the warning not to discuss the case with others. Dr Searle replied: 'In hindsight now, yes.' The doctor also agreed that a large man in men's clothes should not be allowed to use the female changing room if he self-identified as a woman. But she denied that Dr Upton was 'obviously male', saying she would not have known what sex the medic was 'assigned at birth' unless she had been told. The tribunal continues.


Daily Mail
5 hours ago
- Daily Mail
Trans doctor's boss breaks down in tears while being questioned at tribunal
A medical consultant broke down in tears while being quizzed at a landmark employment tribunal. Dr Kate Searle, a consultant in emergency medicine, sobbed as she defended her actions in the dispute between trans medic Dr Beth Upton and veteran nurse Sandie Peggie. At one point proceedings were halted to allow Dr Searle, who has worked for NHS Fife for 11 years, to compose herself. It came during an intensive day of cross-examination of the trans medic's boss by Ms Peggie's legal team as part of the high-profile employment tribunal brought against NHS Fife and Dr Upton. The nurse was suspended from her work at Victoria Hospital, in Kirkcaldy, after she challenged the 30-year-old doctor in the female-only changing room on Christmas Eve 2023. Last week the 51-year-old was cleared of gross misconduct but the separate employment tribunal continues. Ms Peggie brought the legal action saying her treatment is against the Equality Act. Dr Upton has alleged that there have been patient safety concerns involving the nurse. A healthcare assistant is said to be witness to one of two claimed incidents but when the worker's name was mentioned Dr Searle began sobbing, and told the court: 'I am worried involving someone who doesn't want to be involved in the press in this case. It's not fair on her.' The hearing was brought to a halt, but resumed about five minutes later. Ms Peggie's lawyer, Naomi Cunningham, told the tribunal the healthcare assistant was an 'important witness in the investigation' because she was the only person who was able to shed any light on Dr Upton's allegation the claimant refused to engage with the medic in relation to a patient who had gone away without being seen. But she said the healthcare assistant's account 'contradicted' Dr Upton's stance who said there had been no conversation while the worker remembered there being one. The tribunal then heard of a subsequent discussion between the consultant and healthcare assistant, but Dr Searle could not remember when. Dr Searle said she sought out the worker because she was supporting Dr Upton and the medic had identified her as witnessing one of the incidents which needed evidence. Ms Cunningham said the consultant had been 'determinedly acting on Dr Upton's behalf' to try to round up evidence in support of Dr Upton's version of events, but Dr Searle told her she asked to see 'if her story supported Beth's'. Amid the intense cross-examination the lawyer put it to the witnesses: 'Were you horrified when I mentioned her name, not out of a desire to protect her but out of a desire to protect yourself from the possible consequences of making up something about what she'd said?' Dr Searle told her: 'No, absolutely not.' At this point NHS Fife KC Jane Russell said the witness had become 'visibly distressed', but Dr Searle said she could continue with her evidence. The alleged patient safety incidents were not reported at the time they were said to have happened, and Dr Searle said she did not agree with Ms Cunningham's suggestion that this was the case because 'they didn't happen'. Dr Searle said it was 'offensive and objectional' to have challenged Dr Upton in the women's changing room. She told Ms Cunningham: 'If everybody was just kind to each other and went about these things in another way, there was no reason for it to come to this.' Dr Searle had sent an email to other consultants working in the hospital's emergency department - in which she condemned Ms Peggie's actions. But Ms Cunningham said the consultant had 'left confidentiality in ruins' by sending that email while an investigation was ongoing adding the conversation with the healthcare worker was a 'flagrant breach' in confidentiality. Dr Searle admitted: 'In hindsight, yes.' The tribunal also heard Ms Russell object to Dr Upton being called a man by Ms Cunningham, but insist 'she's a trans woman'. Ms Cunningham said the For Women Scotland Supreme Court ruling in April meant 'legally speaking a trans woman is a man so there was a man in the women's changing room', but Ms Russell said she disagreed with that summary. Put to the witness that Dr Upton was 'obviously male', Dr Searle said 'no' and that she would 'not have known what sex Dr Upton was assigned at birth'. Meanwhile, employment judge Sandy Kemp yesterday said he would not issue an order against NHS Fife following their stunning intervention in the case last week. Mr Kemp said: 'I have considered the press release issued by the first respondent on July 18, 2025, which had been addressed in submission by the parties, and it was decided to make no order in relation to it.' The tribunal, being heard in Dundee, continues.