Abhijeet Mukherjee

Call date: 1995
Email: Abhijeet Mukherjee
Areas of Law: Clinical Negligence, Personal Injury, Disciplinary & Regulation, Professional Negligence, Public Law, Public Access
Practice summary

Abhi specialises in medical law. His work encompasses medical disciplinary work, clinical negligence and inquests.  He also has extensive experience of personal injury law.  

In his disciplinary work, Abhi represents professionals such as doctors, dentists, nurses and pharmacists. He has appeared before a wide range of tribunals including the General Medical Council, the General Dental Council, the Nursing and Midwifery Council and the Royal Pharmaceutical Society of Great Britain.

In addition, he has experience of disciplinary hearings before Primary Care Trusts and First Tier Tribunals (formerly the FHSAA) dealing with appeals from PCT hearings. 

Abhi is an experienced advocate in the Coroners’ Court and has represented a number of clients at inquests.  In particular, he has appeared in a number of cases before juries and those involving Rule 43 recommendations. 

His clinical negligence work encompasses the full range of cases up to those of the utmost severity. He has a particular interest in cases involving obstetrics, surgery, orthopaedics and psychiatry and has experience of conducting such cases to trial. 

Abhi’s strong personal injury practice mainly covers industrial disease, employers' liability, health and safety cases and road traffic accidents. His industrial disease caseload covers abestosis and mesothelioma.
 

Publications

Abhijeet has written extensively on matters of legal interest and been published in Clinical Risk and The Times Newspaper.

A selection of recent cases
  • GMC  v  Dr. AK  - 2010 case
  • Instructed to represent Dr AK, a junior doctor, at a fitness to practise hearing accused on various counts of dishonesty in relation to job applications. A number of the allegations were dismissed and in relation to those that remained, the sanction of a short period of suspension was imposed where the GMC sought to erase the doctor. 

 

  • Inquest into the death of KF  - 2009 case
  • Instructed by Leigh Day & Co solicitors to represent the family of a profoundly mentally and physically disabled young man following his death by asphyxiation in a hospital bed. The inquest took place in July 2009 before a jury who returned a verdict that the death was contributed to by neglect which then led on to a successful HSE prosecution of the relevant NHS Trust. 

 

  • GMC v Dr. K  - 2010 case
  • Represented Dr K, a senior and highly experienced consultant psychiatrist, charged with the alleged inappropriate administration of sodium valproate to a number of patients. Following a protracted Fitness to Practise hearing, the Panel was persuaded to permit the doctor to opt for voluntary erasure and so the disputed allegations against the doctor remained unproven and his professional reputation remained intact.

 

  • AF v Guys  & St. Thomas NHS Foundation Trust – 2010 case
    Instructed to represent a mother in relation to the still born death of her child following a failure to follow hospital protocols in relation to caesarean section births- case ongoing.

 

  • Wilkinson v Chaffer - 2009 case
  • Instructed to represent a asbestosis sufferer at trial who had been exposed in his work as a plumber in the 1960's and 1970's who had a risk of developing mesothelioma in future. Liability was contested until trial and quantum remained in dispute. The case involved significant arguments on medical prognosis and life expectancy and resulted in a favourable settlement for the Claimant.  
Abhijeet Mukherjee

Appointments & memberships:

  • Professional Negligence Bar Association (PNBA)
  • Action against Medical Accidents (AvMA)
  • Association of Regulatory & Disciplinary Lawyers (ARDL)
  • Personal Injury Bar Association (PIBA)