Tom specialises in Clinical Negligence and Personal Injury – and has done so since joining Outer Temple Chambers in 2011. He represents both claimants and defendants.
Tom is a former solicitor, having qualified at Magic Circle firm Slaughter and May in 2010 before transferring to the Bar.
Before joining Outer Temple Tom was a Judicial Assistant to Arden LJ (as she then was) at the Court of Appeal during 2010-11.
Tom has a First Class Maths degree from Oxford University. He completed his GDL and LPC at BPP Law School in London.
Away from the law Tom enjoys spending time with his young family, attempting to play and coach hockey, and watching the mighty Carlisle United FC.
Tom acts on a wide range of clinical negligence cases, up to and including trial. Topics covered in recent cases have included, amongst others:
Tom does a good balance of claimant and defendant work. His clients include patients, their families, NHS hospital trusts, individual doctors, and other clinicians.
Tom has a particular interest in appeals (as a former judicial assistant to Arden LJ).
He also appears at medical inquests, representing both families and NHS trusts.
Purchase v Dr Ahmed (Birmingham County Court, 6 May 2020)
One of the three clinical negligence secondary victim cases where the Supreme Court handed down judgment in January 2024, reported as Paul v Wolverhampton [2024] UKSC 1. Tom acted for the defendant GP and was successful, at first instance, in striking out the claimant’s secondary victim psychiatric injury claim. The claimant witnessed the aftermath of her daughter’s death 3 days after an out of hours GP consultation.
Settlement, 2024
Acting for the claimant, who became paraplegic after a thoracic vertebral fracture was not immobilised and operated on while she was an in-patient in hospital.
Settlement, 2024
Acting for the claimant, who suffered a stroke after being given negligent advice about anticoagulant medication before a cardiac procedure.
Cerebral palsy claim, acting for a young girl who suffered brain injury at birth. (Led by Matthew Phillips KC, acting for the claimant).
Settlement, 2023
Acting for the claimant family, after their husband / father died following a GP’s failure to refer him for Hepatitis C blood testing. The deceased suffered from untreated Hepatitis C for many years as a result, which ultimately led to his death from liver cancer – and a substantial dependency claim as he was the primary carer for his disabled adult son.
Ongoing, 2023
Acting for the claimant, who suffered a brain injury following an unwitnessed fall in hospital. Complicated causation issues as to how the claimant would have recovered from a pre-existing stroke (which they were in hospital for), and how much care they would have needed anyway.
Settlement, 2022
Acting for the defendant after a 35-year-old wife and mother died in hospital after suffering a central venous sinus thrombosis. The case featured significant disputes on cau-sation, Fatal Accidents Act dependency claims, and the husband’s secondary victim claim. Case settled at a mediation (where Outer Temple’s Ben Bradley represented the claimant).
Woolhouse v Spire Healthcare (Blackpool County Court, 25 February 2020, HHJ Beech)
Successful defence at trial of a claim about arthroscopic hip surgery. The defendant’s surgical witness was found to be “credible, understated and compelling” while the claimant’s orthopaedic expert was found to be “blinkered” and “unimpressive”. On costs, the judge also ruled (under CPR 44.15(1)(a)) that QOCS still applies even where part (but not all) of a case is struck out.
Muller v King’s College Hospital NHS Foundation Trust ([2017] EWHC 128 (QB)
Unusual ‘non-Bolam’ trial on liability and quantum involving a delayed diagnosis of cancer (see http://www.outertemple.com/2017/02/tom-gibson-represents-nhs-hospital-trust-unusual-non-bolam-clinical-negligence-trial/).
Jacobs v King’s College Hospital NHS Foundation Trust ([2016] EWHC 121 (QB)
High Court trial on liability and quantum involving hernia surgery. (Acting for the defendant).
Gardner v Northampton General Hospital ([2014] EWHC 4217 (QB)
High Court liability trial involving expert A&E and surgical evidence. (Acting for the defendant).
Acting for the successful claimant in an unusual ‘misinformation’ psychiatric injury claim, who was told wrongly by his local hospital that he had “incurable” lung cancer and was likely to die within a year.
Two secondary victim psychiatric injury claims, acting for the bereaved parents of two patients – a newborn baby and an adult daughter – who died in hospital following negligent treatment.
Orthopaedic surgery and GP treatment claim, where a lady needed an above-knee amputation after a fracture operation and subsequent GP treatment. Settled for a total of over £1 million against both defendants, concluded at a JSM shortly before the trial (acting for the claimant).
Settlement, 2015
Unusual psychiatric injury ‘misinformation’ claim, where a lady claimed she had suffered psychiatric injury after being shown the wrong body to grieve over, 4 days after the death of her father, in a hospital mortuary. The claim involved consideration of whether the ‘miscellaneous’ victim cases of Allin v City & Hackney and Farrell v Avon could be extended. (Acting for the defendant).
Tom acts on a range of high-value personal injury cases, mainly involving spinal cord injury, brain injury, or amputations.
He has a particular interest in quantum (Tom admits to liking quantum and spreadsheets – he did do a Maths degree).
Ongoing, 2024
Acting for the claimant, who suffered catastrophic brain and orthopaedic injuries after a hit and run car accident. (Led by Matthew Phillips KC).
Ongoing, 2024
Acting for a young claimant and motorbike rider who was left paralysed after a crash with a taxi. (Led by Matthew Phillips KC).
Acting for the claimant in a ‘freak accident’ brain injury case. The claimant was driving on the A1 when a sheet of metal flew through the windscreen and sliced her skull open. The claimant, a talented writer, lost her career as a senior teacher – though wrote a blog to use her experience to help others.
Settlement, 2022
Acting for the claimant, a young man who needed a below knee amputation following a motorcycle accident. (Led by Christopher Wilson-Smith KC).
Settlement, 2021
International injury claim, featuring a young man who sustained a severe brain injury after falling several stories on a construction site while on a work assignment abroad. Settled for a seven-figure sum at a JSM in spring 2021 (Led by Sarah Crowther KC, acting for the claimant).
Settlement, 2020
Acting for the claimant who sustained severe brain injuries after being knocked off his bicycle by the defendant car driver. Settled for an eight-figure capitalised sum at a JSM in summer 2020. (Led by Matthew Phillips KC).
Settlement, 2020
Seven-figure settlement (capitalised) for a young lady who suffered a brain injury and incomplete spinal cord injury in a cycling accident. (Led by Matthew Phillips KC, acting for the claimant).
Settlement, 2019
Occupiers’ Liability Act 1984 claim, featuring a young man who suffered catastrophic injuries after a fall through a ground-level skylight. (Led by Christopher Wilson-Smith QC, acting for the claimant).
Settlement, 2018
Employer’s liability claim, featuring a career loss of earnings claim after a healthcare assistant developed an alleged chronic pain condition after falling off a chair. (Acting for the defendant).
Tom has developed a niche practice in ‘cross-over’ clinical negligence claims involving sportspeople, both professionals and amateurs. Several cases have involved allegedly negligent orthopaedic or physiotherapy treatment.
Fryatt v Nottingham Forest FC (2020)
acting for the claimant, a former Premier League striker, who alleged that the club’s mismanagement of his Achilles Tendon injury led to his career ending prematurely at age 28. Tom was led by Satinder Hunjan QC. The claim settled at a JSM in Decem-ber 2020. See press coverage, e.g. https://www.bbc.co.uk/sport/football/52991506.amp.
Ongoing, 2023
Acting for the claimant, a professional footballer and former Premier League academy player, who suffered long term injuries after an ‘over the ball’ tackle from a team mate in training.
Ongoing, 2023
Acting for the claimant, an experienced professional footballer (and former England youth international), whose career was ended following an Achilles tendon injury.
Settlement, 2021
Acting for the claimant, a professional footballer, whose career was effectively ended in his mid-20s after a delay in diagnosing an infection following knee surgery. The case involved substantial claims for lost football earnings and loss of congenial employment (following the principles discussed in Appleton v El Safty [2007] EWHC 631 (QB) and Collett v Smith [2009] EWCA Civ 583).
Settlement, 2020
Acting for the claimant, an american football player with a UK university team, who suffered a serious knee infection following cruciate ligament surgery.
Settlement, 2017
Acting for the claimant semi-professional (and former professional and youth international) rugby union player whose career was ended by a nerve injury sustained during arm fracture surgery. The claim involved consent issues following Montgomery v Lanarkshire Health Board [2015] UKSC 11.
Settlement, 2016
Acting for the defendant physiotherapist (and former physiotherapist to the Great Brit-ain Olympic Team) in an unusual negligence case. A keen amateur runner and cyclist alleged that he had sustained a chronic groin injury following an apparently uneventful physiotherapy consultation. The claim involved complex causation evidence from orthopaedic surgeons, pain management consultants, and psychiatrists. The claimant had the benefit of leading counsel and QOCS protection. The claim settled for a global sum shortly before the High Court trial.
Settlement, 2016
Acting for the defendant physiotherapist who worked with a professional rugby league team. A youth team player alleged that she had failed to suspect a wrist fracture and to refer him onwards for further treatment. In addition to a significant factual dispute, the claim featured expert physiotherapy, orthopaedic, and psychiatric evidence.
Settlement, 2015
A semi-professional (and former professional youth team) footballer alleged that the defendant hospital had failed to diagnose and treat a knee fracture appropriately. Breach of duty was admitted but causation was denied. Acting for the defendant hospital trust.
Tom Gibson is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.
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