Dr Upton gave evidence on Wednesday at a tribunal in Dundee, and was asked by lawyer Naomi Cunningham, representing Ms Peggie, why contemporaneous notes-to-self by Dr Upton did not include an allegation around patient safety, raised internally on December 29, two months after the incident supposedly happened on October 31.
The tribunal heard it was raised with Dr Searle on December 29 2023, but Dr Upton alleged it happened between October 25 and December 18, although in Ms Peggie’s evidence she dated it October 31.
The tribunal heard Dr Upton’s line manager, Dr Kate Searle, said in a statement: “Beth has all the notes including the incident where the other person appeared to leave the room and stopped doing resus because Beth entered.
Dr Upton said: “If we are taking purely about patient safety, someone refusing to communicate in resus is more serious”, and rejected that claim by Ms Cunningham that identity “flattens everything”.
Cross-examining Dr Upton, Ms Cunningham said: “Do you agree the resus incident is the most alarming of all three matters you raised?”.
