Family of man who died in custody in Aberdeen sue police and NHS
Both organisations declined to comment.
The sheriff's fatal accident inquiry (FAI) ruling was in May last year.Derek Pyle, the sheriff principal of Grampian, Highlands and Islands, said that custody officers should have conducted cell checks of Mr Fenty in accordance with the then standard operating procedure.This was an opportunity which might have led to Mr Fenty's readmission into hospital which "might have avoided his death", he said in a written ruling.
He said: "I have concluded that no one individual can be held responsible."Indeed, all those involved, whether medical practitioners or police officers, were doing their best in what proved to be quite exceptional circumstances."Nevertheless, I do identify certain institutional failures by Police Scotland which, while not on the evidence being the cause of death or indeed materially contributing to it, resulted in missed opportunities to have Mr Fenty returned to hospital where it is likely, although by no means certain, that he would have survived."
The legal action against Police Scotland and NHS Grampian seeking damages has been lodged at the Court of Session in Edinburgh.Mr Fenty's mother previously told BBC Scotland News: "It's been a nightmare."I just had to keep on going for Warren's sake. I'm never going to be the Sharon I used to be."I am angry. That was my son. I miss him so much, he should be here."
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