Clinical Negligence

Areas of expertise

Clinical negligence

• Cerebral Palsy
• Other obstetric Injuries
• Neo-natal Injury
• Neurosurgery
• Spinal Surgery
• Consent
• Inquests
• Inquiries
   

Healthcare

• Confidentiality
• Consent to treatment and Court of Protection 
• Discrimination and equal opportunities issues
• Employment, public law and criminal aspects of healthcare law
• Human Rights Act 1998 issues
• Mental health law
• Professional discipline and criminal proceedings
• Regulation of independent hospitals and health facilities
• Reproductive rights and embryology
• Responsibilities of health and social care bodies
• Statutory consultation on proposed changes to health service provision

For further information, contact:

Graham Woods, Senior Clerk, 020 7353 6381

Paul Barton, First Junior Clerk, 020 7353 6381


Track record and prominent cases

Prominent multi-party claims in which we have been involved include the Devon Breast Screening claims, the Nationwide Organ Group litigation and the Leicester Royal Infirmary epilepsy cases.

We have been instructed in many of the most significant health-related inquiries in recent years, including Bristol Royal Infirmary, Shipman, Royal Brompton Hospital, Royal Liverpool Children's Hospital, Richard Neale and Clifford Ayling.

• Gosport War Memorial Hospital Inquests – Inquests into the deaths of ten patients treated with the use of Diamporphine and syringe drivers between 1996 and 1999.
• Corbett v S Yorks HA [CASE REF?] - Test case on the issue of indexation of periodical payments and the implications of the Working Time Directive for a resident carer of a brain damaged claimant with long life expectancy.
• [FULL CASE NAME?] [CASE REF?] (‘Bangladesh arsenic litigation’ – House of Lords' Appeal in a group action by hundreds of victims of arsenic poisoning in Bangladesh, dealing with whether foresight of personal injury is sufficient, on its own, to constitute the proximity required to establish a duty of care.
• NHS Trust A v MB (a child) & Mr and Mrs B [CASE REF?] – Involving an attempt by an NHS Trust to withdraw life-sustaining artificial ventilation from a child.
• Leeds Teaching Hospitals NHS Trust v As, Bs and Others [CASE REF?] – The issue of legal fatherhood relating to an IVF mix up and construction of s. 28 of the Human Fertilisation and Embryology Act 1990 and its compatibility with the ECHR 2003.
• Evans v Amicus Healthcare [2005] ECHR 6339 (Fam) – Application for a declaration to allow the claimant to use frozen embryos without her former partner's consent considered by the House of Lords and European Court of Human Rights.
• French v Thames Valley NHS Trust (2005) EWHC 459 (QB) – Successful defence of a claim that birth injury resulted from negligent management of pre-eclampsia.
• Re Luke Winston-Jones [2004] [FULL CASE REF?] – Declarations made by the President of The Family Division on the lawfulness of medical treatment of a severely ill baby.
• A (2) B & ors v (1) Leeds Teaching Hospital NHS Trust (2) Cardiff and Vale NHS Trust [2004] EWHC 644 (QB) - Claims brought by parents of deceased children whose organs were removed and retained.
• Page v Plymouth Hospitals NHS Trust [2004] EWHCA Civ 1154 (QB) – Dealing with the recoverability of investment damages likely to be incurred in managing a substantial fund of damages.

Our clients

We work with claimants and defendants in clinical negligence claims involving doctors, dentists, nurses and other health professionals. Where appropriate, we accept work under individual conditional fee agreements. We also advise organisations such as the Legal Services Commission and the National Health Service Litigation Authority (NHSLA), as well as the MDU and MPS.

We represent families, professionals and other interested persons in coroner's inquests and advise patients, doctors, NHS Trusts and regulatory bodies on law and policy. We also appear in disciplinary and criminal proceedings involving doctors and other healthcare professionals.
 

What the directories say

Outer Temple Chambers' heightened focus on clinical negligence has resulted in it receiving increasing numbers of instructions. Often involved in high-level, complex disputes, it acts across the whole spectrum of claims, appearing for both defendants and claimants. Solicitors were quick to highlight the particular strength the set has at junior level and praised the "very happy and relaxed atmosphere" and the "approachable clerks."

SILKS David Westcott QC is an "extraordinary silk who can foresee difficulties and anticipate and deal with them." Solicitors tend to reserve him for their most difficult birth injury cases. Solicitors also have "total confidence" in Christopher Wilson-Smith QC who, although charming, shows "real steel and determination in court."

JUNIORS Caroline Hallissey is a junior with an impressive claimant-heavy practice. She is "incisive, and takes an excellent, personal approach to clients." Cara Guthrie is "dynamic, personable and excellent with figures." She impresses solicitors with the fact that she is "absolutely laser in cutting through to the issues." Harry Trusted is highly rated by solicitors, who feel that "once he's on the team he offers unwavering commitment and support to the case in hand." He has a particular focus on claims involving brain damage, cancer, paralysis and amputation. Charles Foster also has an interesting and varied practice. His is a caseload full of high-value obstetrics cases, and he is known as "a good man for the more idiosyncratic cases." Eliot Woolf is "sympathetic, clever and exceptionally good with clients." Solicitors are always "very comfortable with his trial experience," and he is often involved in cases without a leader. Christopher Kemp is "outstanding on cerebral palsy and Erb’s palsy cases." He is easy to work with and produces "top-quality results." Others to shine here include Rachel Vickers, who is "thorough and reliable" and always produces carefully prepared opinions. She wins support along with James Aldridge, who is new to the rankings this year. He has been highly recommended for his industrious work rate, his ability to present "complex issues clearly" and because he is "excellent at communicating with clients." Chambers and Partners 2012
 

Outer Temple Chambers has ‘a good range of expertise among counsel, from top-ranking silks down to some promising juniors’. At the top end of the spectrum, former head of chambers Christopher Wilson-Smith QC is ‘exceptional’, and ‘standout barrister’ David Westcott QC is described by one solicitor as ‘one of the sharpest minds I have come across, yet he does not let his intellect stop him being personable and approachable’. Highly rated juniors include Harry Trusted, for his ‘intellectual grasp of complex legal issues’, and Alison McCormick, who is ‘extremely helpful and approachable’ and has ‘great empathy for clients’. Caroline Hallissey is ‘a breath of fresh air’ and ‘exceptional at testing medical experts ’ opinions’; Rachel Vickers is ‘thorough, easily accessible and great with clients’; and Eliot Woolf is ‘a hit with clients and experts alike’ and ‘very good on detail and preparation’. Cara Guthrie is ‘a pleasure to work with’; she is ‘excellent with figures and has a strong grasp of relevant legal principles’. Also recommended are Nathan Tavares, for his ability to ‘tackle difficult issues head on’, and Harriet Jerram, for her ‘reassuring style and presence’. Legal 500 2011

Memberships and involvement

Our clinical negligence team is active in Action for Victims of Medical Accidents (AVMA), the Professional Negligence Bar Association (PNBA) and the Association of Personal Injury Lawyers (APIL). Our members regularly lecture on developments in healthcare law and procedure to solicitors, doctors and other healthcare professionals.

Several members of Chambers sit as legal members of the Mental Health Review Tribunal and are members of the Mental Health Lawyers Association.