Year of Call:
David Haines qualified in medicine in 1998 and practised as a junior doctor in both medicine and surgery prior to joining the Bar in 2005. He has since built a broad ranging, complex, clinical and dental negligence and personal injury practice. His also undertakes in sports, Court of Protection and inquest work. He has considerable experience in advisory work, settling pleadings including schedules of special damages and counter schedules.
He accepts instructions in multi track cases and undertakes work at all stages of the litigation process from pre-issue advisory work, drafting and applications, through to post-judgment costs assessments and appeals. He acts for both Claimants and Defendants.
Within the sporting world, he has acted in sports disciplinary hearings and contract disputes.
David is ranked as a leading barrister in clinical negligence by Chambers and Partners, being described as “clear, fastidious and bright.” with a “great understanding of medical issues.” He is also noted as “excellent at getting to grips with the details of a case quickly. Given his medical background he has an impressive knowledge of medicine, which is really helpful.” He is also described as “a very thorough and committed barrister” who “will fight tenaciously in court” for his personal injury clients.
David has contributed to the Munkman 16th and 17th Editions as well as a past edition of Butterworth’s Personal Injury Litigation Service.
David has advised in cases encompassing a range of specialisations including: Accident and Emergency Medicine, Cosmetic, Plastic and Reconstructive Surgery, Dentistry, General Practice, General Medicine and the Specialties, General Surgery, Gynaecology and Obstetrics (giving rise to birth injuries including cerebral palsy and profound neurological damage), Intensive Care and High Dependency Unit Medicine, Orthopaedic Surgery, Neurosurgery and Spinal Surgery, Nursing (Private and NHS), Oncology, Paediatrics, Paediatric Surgery and Psychiatry.
He regularly advises in conference and in writing on all aspects of clinical negligence claims. He is adept at handling expert witnesses in conference and at Trial.
David has gained considerable experience of acting at inquests in the Coroner’s Court for the families of people believed to have died as a result of clinical negligence.
Recent cases include:
VM v Dr S & Others – Acted for a Claimant who suffered a fracture of the spine in the 1980s and subsequently developed myelomalacia that went untreated, rendering him profoundly disabled as a result of alleged breach of duty by his GPs.
AG v Lincolnshire Community Health Services NHS Trust – Acted for a previously self-caring paraplegic Claimant who lost all independence as a result of the Defendant’s admitted breach of duty.
GM v Abertawe Bro Morgannwg UHB – Acted for a Claimant who required urgent vascular surgery as a result of negligent laparoscopic surgery. The Claimant bled out and suffered a cardiac arrest but was successfully resuscitated. She developed a large midline abdominal scar and an incisional hernia, complications of intra abdominal adhesions, chronic PTSD and deficits of executive function impact on her ability to work and pursue hobbies.
DP v Cwm Taf University Local Health Board – Acted for a Claimant who faces the prospect of amputation as a result of defective knee surgery. He now walks with an antalgic gait, cannot return to work and will need to move to more suitable accommodation.
SH v University Hospitals Of Derby And Burton NHS Foundation Trust – Acted for a Claimant who was admitted with suspected cholecystitis and underwent an attempted cholecystectomy plus on-table cholangiogram and common bile duct exploration. Surgery was performed by a Consultant Surgeon with special restrictions placed upon his practice which he ignored and damage was caused to the right aspect of the common hepatic duct involving 50% of the circumference. The Claimant required further major surgery and developed a chronic pain disorder and psychiatric injury. She also developed unusual neurological symptoms in her lower limb, and incidental spinal tumours were found on MRI, both of which were relevant to quantum. The Claimant has required additional care and assistance and her work has been severely impacted. A claim for provisional damages was advanced.
TN v North Bristol NHS Trust – Acted for a Claimant who suffered from Ankylosing Spondylitis with a severe kyphotic spine when he developed further pain in his cervical spine. He was also dependent on opiates. He could not fit in the scanners at his local hospital, so he was sent to another hospital for imaging. He was anaesthetised without consent and squashed into the MRI causing fractures and burns. His acute fractures and burns were then ignored as being historic. The Claimant required multi-level spinal fusion which attracted a high mortality and morbidity risk. He developed extensive DVTs and pulmonary embolisms and required an IV filter fitted. He suffered cardiac arrest, requiring resuscitation, and suffered PTSD and obstructive sleep apnoea. His level of performance of activities of daily living, his hobbies and work capacity have been significantly adversely affected. The Defendant changed its defence completely at the service of expert evidence stage.
RH v Hywel Dda University Local Health Board – Acted for a Claimant who developed an enormous disc prolapse with cauda equine syndrome and dense motor weakness. The Claim concerned the failure to appropriately counsel the Claimant in respect of “red flag” signs and to appropriately assess the Claimant, which caused a delay in the diagnosis and treatment of the Claimant’s cauda equine condition and resulted in permanent debilitating symptoms. The Claimant now has persistent urological and bowel symptoms and persistent weakness and nerve pain in his limbs. He will never likely work, and requires care, assistance and adaptations to his home and car.
SJG v PD – Acted for a Claimant who underwent unnecessary privately paid lumbar spine surgery which led to complications of severe bilateral leg pain, chronic low back pain, sensory disturbance with variable numbness and paraesthesiae. He also developed a large DVT with a post thrombotic limb. He required venoplasty, stenting, re-stenting & thrombolysis, which were complicated by significant re-thrombosis and stent occlusion on more than one occasion. Causation of extensive injury and quantum were disputed.
PR v (1) Hampshire Hospitals NHS Foundation Trust (2) Dr RR – Acted for a Claimant who suffered a spinal arteriovenous fistula that went undiagnosed and caused progressive spinal cord damage and profound neurological disability from the waist down. Breach of duty was admitted by D2, a Radiologist, but causation and quantum remain firmly in dispute. D1 disputes liability and quantum.
RK v Royal Free London NHS Foundation Trust – The claim arises out of the failure to identify a fetal anomaly during routine ultrasound imaging. It is agreed by the parties that the child has a congenital abnormality that was present from initial development of the limbs. Liability and quantum is disputed. The child will likely require lifelong care and assistance and prostheses.
MP v Drs P and G – Acting for Claimant whose deceased wife suffered colitis with symptoms of sickness and diarrhoea that went misdiagnosed by the Defendant GPs and led to severe dehydration, sepsis and death at age 34 years. Liability and quantum remain firmly in dispute.
DLT v Williams Harvey Hospitals University NHS Foundation Trust – This claim concerns the failure to provide suitable safety netting advice in A&E leading to a delay in representing to hospital and then a failure to correctly interpret CT images resulting in a delay in the diagnosis and treatment of ischaemic and then incarcerated bowel and resulting in large segments of bowel requiring resection. As a result, the Claimant now has short bowel syndrome. In the event that she requires further abdominal surgery, there is a considerable increase in further bowel injury and a considerable risk that the Claimant will then require life-long TPN.
DC v Ramsey Healthcare UK Operations Limited – Acted for a Claimant who developed a post-operative haematoma following a right cementless total hip replacement that went missed resulting in permanent sciatic nerve injury, with foot drop and pain.
David Haines 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.
Areas of Law
“He is clear, fastidious and bright. He’s excellent with clients and experts alike and has a great understanding of medical issues…Excellent at getting to grips with the details of a case quickly. Given his medical background he has an impressive knowledge of medicine, which is really helpful.”
Clinical Negligence, Chambers and Partners 2021