We handle a broad range of medical claims from fast track to catastrophic brain damage at birth, and accept legally aided instructions and instructions on a conditional fee basis. In this highly technical and stressful area of litigation our specialist members deal with claimant and defendant work and advise on and represent doctors on General Medical Council complaints and in Disciplinary Proceedings.
In this highly technical and stressful area of litigation our specialist members deal with both claimant and defendant work. Several of our members sit as Recorders and have been recommended in various leading directories.
We deal with Clinical Negligence cases adopting a practical, open and helpful approach. Whether members are representing the parents of a brain damaged child or defending respected clinicians, our Team recognises the need for sensitivity and realism. Where necessary, firm advice will be given, gently, after proper consultation with our Instructing Solicitors.
We pride ourselves on being approachable, understanding and part of a team. We also advise and represent doctors, on General Medical Council complaints and in Disciplinary Proceedings.
In these days of tight deadlines, we are there to assist. Whether drafting detailed Schedules or in attending interlocutory as well as substantive hearings, our team has the overall strength and experience to offer a valuable, caring service.
LSC funding remains available for Clinical Negligence work. We handle a broad range of medical claims from fast track to catastrophic brain damage at birth and accept instruction on cases with LSC funding and on a Conditional Fee basis.
Examples of work undertaken in the last 10 years include:
. Brain damage at birth due to hypoxia and failure to intervene
· Erb’s Palsy at birth
· Failed sterilisation
· Negligently carried out spinal surgery
· Inappropriate drug therapy
· Failed cosmetic surgery
· Failure to diagnose Deep Vein Thrombosis
· Multi-party & group actions - drugs
· Inappropriate dental & associated treatment
A few examples of the many cases which went to trial and were handled by members of chambers:
Raichura v Leicestershire H.A. [2003] Lawtel, Leicestershire District Registry (HHJ Hall QC) 4/8/2003. The claimant, a 23-year-old man, received a "bottom up settlement" or periodic payments settlement (with an old style lump sum value of £2,920,000) for the severe hypoxic-ischaemic brain damage sustained during his birth in November 1979. He suffered cerebral palsy and tetraplegia, severe cognitive impairment, and was wholly dependent on others for his care and daily needs.
Attard v Hoskyns and St Luke’s Hospital Malta, QBD Eady J. April 2006. Successful defence of Maltese Health Authority against Part 20 claim in UK arising out of diagnosis of metabolic disorder, PKU, as a cause of cerebral palsy.
Johnston v Whipps Cross NHS Trust 2003 Court of Appeal. Fatal Accident claim arising out of failure by A&E unit to diagnose meningitis. Mother of small children, pregnant with another, attended A&E complaining of earache and headache. Diagnosis made of Otitis Media (middle ear infection). Condition worsened and GP called. Diagnosis of meningitis made and patient Blue Lamped to hospital but fell into a coma. Baby born while in coma before death.
Ali v City of Nottingham NHS Trust (unreported, November 2005). Khurrum Ali was 2 years old when he went into the Nottingham City Hospital for a routine operation. As a result of his negligent treatment he was rendered severely brain damaged. He died 8 years later. During that time his parents were his sole carers. Total damages were assessed at just over £400,000.
Susan Epstein v Barry Francis Trial 24th-26th April 2006 Central London County Court, HHJ Crawford Lindsay QC. Alleged misdiagnosis of bilateral subungual exostoses and negligent performance of surgery to remove the supposed exostoses leading to injury and bilateral revision surgery. Claim against consultant podiatric surgeon.
Chambers accepts cases which are privately funded, insurance-backed, legally aided and, where appropriate, using Conditional Fees.
Click here to view our barristers working in the area of Clinical Negligence and to see details of notable Clinical Negligence cases undertaken by each barrister.
