Clinical Negligence
Overview
We offer specialist advice and advocacy to both claimants and defendants in all aspects of clinical negligence claims and a wide range of healthcare issues. This ranges from minor injury cases and inquests to multi-party actions and public inquiries. Our Silks and juniors have extensive experience in cerebral palsy cases, regularly negotiating settlements worth up to as much as £8 Million.
In the healthcare arena, we have acted in Mental Health Review and Care Standards Tribunals, judicial review cases, inquests, claims for compensation arising out of psychiatric care and 'best interests' cases in relation to mental capacity.
Professional discipline and criminal proceedings work includes appearing before the General Medical Council, General Dental Council and the Nursing and Midwifery Council. We also advise on public law and human rights issues arising from disciplinary proceedings and their related contractual and employment issues.
We have wide experience of multi-party clinical negligence litigation, public inquiries, internal NHS reviews and other extrajudicial investigations.
Areas of expertise
Healthcare
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Confidentiality
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Consent to treatment and mental capacity
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Discrimination and equal opportunities issues
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Employment, public law and criminal aspects of healthcare law
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Human Rights Act 1998 issues
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Mental health law
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Professional discipline and criminal proceedings
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Regulation of independent hospitals and health facilities under the Care Standards Act 2000
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Reproductive rights and embryology
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Responsibilities of health and social care bodies
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Statutory consultation on proposed changes to health service provision
Clinical negligence
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Cerebral Palsy
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Neo-natal Injury
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Neurosurgery
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Spinal Surgery
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Obstetric Injuries
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Consent
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Inquests
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Inquiries
For further information, contact:
Graham Woods, Senior Team Leader, 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.
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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.
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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.
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[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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 insurance companies in this field.
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
THE SET Outer Temple Chambers is well regarded in the clinical negligence field for having a good range of counsel at different levels, all of whom have plenty of expertise. Market commentators suggest that the offering at silk level may not be all that could be desired, but note that this is more than made up for by the collection of strong juniors at the set. Clients say the barristers here "always come up with something new in a conference - they are absolutely what you want from counsel."
SILKS David Westcott QC is renowned for being phenomenally clever, and for being able to work through complicated medical issues on the same level as the experts. Clients heap praise on him, emphasising that his "attention to detail and meticulous presentation always impress, as do his advocacy skills." Andrew Spink QC is another who is very strong on clinical negligence claims, and is known both for being eloquent in court and for having a good head for figures. Clients say: "He's exceptionally thorough, and charming with witnesses." Christopher Wilson-Smith QC acts for claimants and defendants. Commentators highlight his amazing attention to detail and his willingness to put himself out for his clients.
JUNIORS Cara Guthrie is regarded as phenomenally bright. She routinely deals with catastrophic injury claims, and "operates at a level that is very advanced for her call." Solicitors turn to her as "she's just what you want at a hearing - confident, articulate and bright." Caroline Hallissey works on complex clinical negligence claims, particularly those of a gynaecological or obstetric nature. Though she is a fine all-round practitioner, she is especially appreciated for her sensitivity with female clients who have suffered traumatic and personal injuries. Former vet Charles Foster deals ably with a range of complex matters, and is highly regarded for his efforts. He is a tried and tested performer, as is Harry Trusted, who is particularly known for his work on complex cerebral palsy cases that involve difficult quantum calculations. Clients say of him: "He's intellectually voracious. He always has a clear view of a case and is able to express it. It is evident that he understands the complexities of his cases and presents them in a coherent fashion." Eliot Woolf has a reputation for excellence when it comes to clinical negligence, whilst Christopher Kemp continues to impress in his handling of challenging birth injury claims. Rachel Vickers is also extremely well thought of, and is appreciated by clients for her "incredible eye for detail." Chambers and Partners 2011
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.
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Clinical Negligence
