Legal moves over asthma death

Owen had suffered from asthma since the age of five

The mother of a boy who died of an asthma attack is taking legal action in an attempt to have the doctor who treated him struck off.

Owen Charleston collapsed and died at a Cumbernauld health centre in 2002.

A fatal accident inquiry found that he may have lived if Dr Julie Mallon had sent the eight-year-old to hospital.

His mother, Michelle Hynes, is making legal representation to the General Medical Council to stop Dr Mallon from practicing.

She is taking the action on the grounds that Dr Mallon failed to treat her son properly and lied to the fatal accident inquiry.

Dr Mallon treated Owen at Central Health Centre in Cumbernauld in August 2002.

He was having a severe asthma attack but the doctor interpreted this as an anxiety attack, treated him at the surgery and sent him home.

Until the day I die, I will never let this rest Michelle Hynes

Owen died during a second visit to the centre that same day.

Less than a week earlier the boy had been admitted to Yorkhill Children's Hospital in Glasgow, from the same surgery, during an asthma attack.

After a fatal accident inquiry at Airdrie Sheriff Court, Sheriff Robert Dickson found that if steps had been taken to admit Owen again to Yorkhill he might not have died.

He also found that Dr Mallon deliberately misled the inquiry in her evidence.

Ms Hynes now wants the GMC to sack the GP.

Her lawyer, Fiona Sasan, said: "The sheriff has determined that the GP's failures were sufficiently serious as to merit some very strong criticism - even to the extent of alleging that the doctor had deliberately misled the court.

Everybody's children

"That is a very very strong decision to make and it is one which I have not come across before."

Speaking to BBC Scotland, Ms Hynes said: "Until the day I die, I will never let this rest.

"Not just for Owen, but for my daughter and my other children and everybody's children. This should not happen."

The health centre and Yorkhill were criticised for failings by the sheriff.

Both bodies said that they had since improved their procedures.