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Clinical Negligence

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Outer Temple sponsors the AvMA Medico-Legal Issues in Surgery Conference

Outer Temple is proud to sponsor the Action against Medical Accidents Medico-Legal Issues in Surgery Conference, where James Counsell QC will be chairing and Jonathan Hand QC & Katarina Sydow will present. The event has been designed for solicitors and barristers to illustrate the key medico-legal issues in surgery, and is an excellent opportunity to learn from leading surgeons and develop your understanding to assist you in cases. An event not to be missed and essential for your clinical negligence caseload. James Counsell QC will be chairing the conference on both days and Jonathan Hand QC and Katarina Sydow will be presenting a lecture on Informed Consent and Causation. Registration You can view the programme and register for the conference here.…

News 15 Sep, 2020

Limitation provisions during lockdown for personal injury & clinical negligence matters

Carin Hunt considers limitation issues resulting from the COVID-19 lockdown in her article for Lexis PSL. In the Lexis PSL article, ‘Coronavirus (COVID-19)—limitation provisions during lockdown for PI and clinical negligence matters’, Carin Hunt considers the consequences of Covid-19 for the limitation of personal injury and clinical negligence claims. Carin looks at delays to the conduct of litigation caused by the pandemic, and considers the use of standstill agreements and the operation of section 33 of the Limitation Act 1980 to keep claims in time. Article If you have subscription to Lexis, you may read the article here.  About the Author Carin Hunt joined Chambers in September 2019, following her pupillage and she is developing a busy practice in the…

Covid-19 12 Aug, 2020

Watch the Webinar; Litigation Friends – Where are we now?

Speakers from Outer Temple Chambers were delighted to be joined by The Rt Hon Sir Ernest Ryder and Sarah Castle for a webinar looking at the current and future role of litigation friends. Watch the full webinar here. The role of a litigation friend for those who lack capacity is changing rapidly and at Outer Temple Chambers, members have experience ranging from the parole board to private client cases, far beyond the traditional scope of clinical negligence, personal injury, professional negligence and Court of Protection work. To explain these developments and what it may mean for the future, our panel of experts was led by The Rt Hon. Sir Ernest Ryder who, as Senior President, has made a major contribution…

Webinars & Recordings 3 Aug, 2020

Could future litigation arise surrounding another breast implant controversy?

Nathan Tavares QC explores the potential for future litigation stemming from a rare form of cancer caused by breast augmentation surgery. Nathan Tavares QC of our Clinical Negligence Team has written an article on one of the latest medical issues surrounding breast augmentation surgery and the resulting litigation that may follow from Breast Implant Associated Anaplastic Large Cell Lymphoma. Breast Implant Associated Anaplastic Large Cell Lymphoma Controversy rarely leaves the sphere of breast surgery. The consequences of the PIP scandal, where implants had been fraudulently manufactured with unapproved silicone gel, have been far reaching. The report of the independent inquiry into the actions of rogue breast surgeon Ian Paterson was recently published and the litigation surrounding his misdemeanours and the…

Legal Blogs 7 May, 2020

High Court rejects Q Fever appeal: Bass v MOD

Robert Dickason, led by Ben Collins QC, has successfully defended the Ministry of Defence in the High Court appeal brought by former serviceman Pte Wayne Bass, following dismissal of his claim for damages in early 2019. Private Bass contracted Q Fever, leading to Q Fever Chronic Fatigue Syndrome, during his deployment in Afghanistan in 2012. He was medically discharged from the Army and brought a claim for damages against the MOD on the basis that it ought to have provided him with an alternative form of antimalarial which would have protected him against both malaria and Q Fever. He also asserted that the Management of Health and Safety in the Workplace Regulations 1999 applied during his deployment in Afghanistan because…

News 13 Jan, 2020

Tom Gibson appears in successful ‘misinformation’ psychiatric injury claim

Tom Gibson represented the successful claimant recently in an unusual ‘misinformation’ psychiatric injury claim. The claimant, a man in his 40s, saw a consultant respiratory physician in clinic at his local hospital, following an x-ray and a CT scan of his chest. The claimant was told, wrongly, that he had “incurable” lung cancer and that he was likely to die within a year. However – as the lung multidisciplinary team meeting had concluded the day before the consultation – the claimant actually needed further investigations in order “to gain a diagnosis”. After the further investigations were done, 2-3 weeks later the claimant was actually diagnosed with a low grade lymphoma – a much less aggressive form of cancer, which carried…

News 4 Dec, 2019

Appeal against the MOD’s successful defence of the first contested Q Fever case is due to be heard by the High Court

Robert Dickason, led by Ben Collins QC, represent the MOD seeking to uphold the trial judge’s findings below – see our news coverage from March 2019 for details. The appeal will be heard by Martin Spencer J over two days (5-6th December) and its outcome is likely to have a significant bearing on the remainder of the Q Fever litigation cohort, in which soldiers deployed to Afghanistan seek substantial damages for Q Fever Chronic Fatigue Syndrome which they contracted during deployment and allege could have been avoided with better care and treatment by MOD. To find out more or to instruct Robert, contact Graham Woods or Chris Rowe on +44 (0)20 7353 6381.

News 4 Dec, 2019

Ben Bradley succeeds in Cardiology/Spinal Cord Injury Liability Trial

Ben Bradley (instructed by Anna Higham, Stewarts) has successfully established at trial that his client, Tahir Younas, would have avoided spinal cord injury, absent of the negligence of his GP. Mr Younas suffered a spinal cord injury after he collapsed in a car park on 24 January 2014. His collapse was caused by a cardiological condition, known as intermittent AV block. He had been suffering related symptoms in the run up to his collapse. It was agreed that had Mr Younas been fitted with a pacemaker before his collapse, his fall, and consequential spinal cord injury would have been avoided. His GP conceded that he had acted in breach of duty by failing to refer the Claimant to a cardiologist,…

News 31 Oct, 2019

Defence struck out following breach, Jonathan Hand QC successful in appeal

Jonathan Hand QC successfully represented Joan Kember in the High Court in Joan Kember (as Personal Representative of the Estate of Leonard Kember, Deceased, and on behalf of herself and all other dependants) v (1) Croydon Health Services NHS Trust (2) King’s College Hospital NHS Foundation Trust [2019] EWHC 2297. The case was an appeal against the decision not to grant an extension of time or relief from sanctions following late service of the Defendants’ Defence to a clinical negligence claim bought by Joan Kember. The clinical negligence claim arose following the death of her husband after a series of alleged failures in the care provided by the Defendants leading to a fatal delay in coronary artery bypass surgery. It…

News 12 Sep, 2019

James Counsell QC successfully defends NHS Foundation Trust in high value spinal injury case

James Counsell QC has successfully defended Yeovil District Hospital NHS Foundation Trust in a complex spinal injury case, involving a young woman who suffered a serious spinal injury in a road traffic accident in October 2011, after which she was taken to the Trust’s hospital. She subsequently brought successful proceedings against the negligent driver of the car which collided with the car in which she was a back seat passenger, wearing a lap seat belt, and claimed damages for her injuries which included paraplegia. That claim was settled by the motorist’s insurers in March 2015 for a lump sum payment of £3 million, together with a very substantial periodical payment, making a total claim, capitalised at current rates, given her…

News 10 Jul, 2019

Bass v Ministry of Defence: Q Fever trial successfully defended

Ben Collins QC and Robert Dickason have successfully defended the Ministry of Defence in the first contested trial in the Q Fever litigation, which was widely reported in January 2019. Private Wayne Bass contracted Q Fever, leading to Q Fever Chronic Fatigue Syndrome, during his deployment to Helmand Province in Afghanistan in 2012. He was medically discharged from the Army and brought a claim for damages against the MOD on the basis that it ought to have provided him with an alternative form of antimalarial which would have protected him against both malaria and Q Fever. He also asserted that the Management of Health and Safety in the Workplace Regulations 1999 applied during his deployment in Afghanistan because decisions relating…

News 27 Mar, 2019

Rachel Vickers in successful conclusion for claimant with delayed treatment for spinal abscess

Rachel Vickers recently represented a Claimant who suffered a spinal injury in February 2013. Upon admission to Hospital the Claimant was correctly suspected as suffering a spinal abscess. The need for an urgent MRI scan was recognised. The Hospital did not have 24 hour MRI scanning available and a decision was made to undertake the scan the following day, which the Defendant Trust asserted was reasonable. By the time the Claimant was transferred to a tertiary unit she had sustained irreversible neurological injury. The case, contested through to a full liability trial, was listed for six days on January 28th 2019. On day two of the trial, in the middle of Rachel cross-examining one of the Defendant’s clinicians, the  Defendant…

News 21 Feb, 2019

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