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Samantha Presland

Samantha Presland

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Samantha Presland specialises in the fields of Court of Protection, Clinical Negligence and Personal Injury. She also has an extensive Inquests practice, spanning each of the foregoing fields of specialism. Sam has a particular interest and expertise in aspects of mental capacity law and in psychiatric injury cases.

She appears in the Court of Appeal, High Court, County Court and Coroners Courts.

Sam acts for claimants, insured defendants and NHS Resolve alike in all of her practice areas. Within her Court of Protection practice she acts for families, the Official Solicitor, the Office of the Public Guardian, Health Trusts and Local Authorities.

She brings to each and every case the same analytical approach, attention to detail, practical solutions and client focused, open and sensitive manner.

Sam is a qualified mediator and a member of the Civil Mediation Council, acting as a mediator in various civil and community matters. She finds her mediation experience and skills of particular value when acting in matters where compromise and problem-solving are preferable to combative litigation, in order that best interests are met. Sam has a genuine ability to relate compassionately but constructively with distressed families, as well as to work to achieve practical solutions with professional parties.

She is extremely approachable in her communications with both professional and lay clients. At the pre-instruction stage, Sam is always happy to discuss cases informally. As to urgent applications to the Court of Protection and in inherent jurisdiction cases, she is likewise ready to be contacted directly to expedite matters.

Sam accepts instructions from solicitors, as well as from members of the public, the latter under the Bar Council’s Public Access (i.e. Direct Access) scheme.

Sam sits in the County Court as Civil Recorder in all civil legal matters and in the Crown Court as a Criminal Recorder with a Serious Sexual Offences ticket.

She is happy to provide, or assist with, training across any of her areas of practice, for solicitors who may wish to meet her to see how she approaches legal issues.

Clinical Negligence

Sam has a broad practice in this area, and has a firm grasp of medical issues, based on almost 20 years’ experience in the field. This allows her to manage expert witnesses both in conference and in court. She is also able to act in claims with a Human Rights Act 1998 (“HRA”) element, given her mental capacity law experience.

Sam often appears in inquests involving aspects of medical treatment and care. In particular, she has been instructed in several Article 2 Inquests where psychiatric patients have committed suicide whilst sectioned under the Mental Health Act 1983. As well, she has acted in Article 2 inquests involving prison deaths. Sam is able to use her experience as a criminal recorder sitting in jury trials to act as a persuasive jury advocate in Article 2 inquests.

Her recent work includes the following cases, often involving complex causation and quantum arguments:

  • Settlement for close to seven figures in a claim under the Fatal Accidents Act 1976 for the cohabiting partner and family of a 31-year-old man, following his death from a rare auto-immune condition, which the hospital failed to recognise and treat appropriately. The settlement sum included £250,000 towards the loss of services the deceased would have provided to his child, who was born after his demise. His services were quantified based on the costs of replacement by a live in carer.
  • Delay in the diagnosis and treatment of brain injuries, leading to extensive brain damage. Complications have arisen in one such case due to a liability dispute between hospitals and the ambulance service over responsibility for the Claimant’s care.
  • Psychiatric injury cases where the patients committed suicide. One case, in which the deceased was wrongfully discharged from psychiatric hospital and sadly killed himself, quantum was complicated due to his high earnings capacity before his mental health difficulties, ultimately settling in excess of £1 million.
  • Cerebral palsy claims, most recently dealing with a settlement following the compromised appeal in JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB); [2017] 1 WLR 4847.
  • Bacterial infections, including MRSA, in surgical/hospital settings, where catastrophic injuries are caused by a delay in the diagnosis, and/or a failure to properly treat/prevent the infection. In one case, the ultimate result was a leg amputation.
  • A claim related to an abdominal plastic surgery, leading to significant scarring and psychiatric injury.
  • Several cases against the Ministry of Defence (“MoD”) for failure to properly diagnose and treat soldiers with symptoms of PTSD, leading to long-term chronic mental health difficulties and ultimately to discharge from the Army.
  • Cases involving failure by the MoD to properly ensure soldiers received appropriate medical treatment and therapy whilst serving.
  • Several cases based on the negligent insertion of intravenous-ocular lenses to correct vision in elderly patients with glaucoma, causing loss of sight in the patient’s better eye, resulting in effective blindness.
  • Failure by GPs over several weeks to diagnose and treat pneumonia, leading to the death of a young woman, who was her learning-disabled husband’s carer. As such, the dependency claim is of significant value and extremely complex.
  • Failure to properly prevent post-surgical coagulation, leading to Deep Vein Thrombosis with significant permanent physical and psychiatric implications.
  • A case for the NHS related to a failure to properly manage the medical treatment regime of a patient with Parkinson’s disease.
  • Cases involving delay in the diagnosis of cancer, including one in which settlement was achieved within 6 weeks of issue, ensuring the Claimant was able to have funds in the last 6 months of his life.
  • Shoulder dystocia claims.

Appointments & Memberships

  • Civil Recorder (2018)
  • Criminal Recorder (2016), Serious Sexual Offences Ticket (2018)
  • APIL
  • PNBA

Samantha Presland 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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