Clinical negligence: defendant in London
Capsticks LLP is regarded by some as a 'leading light at the forefront of healthcare law', fielding a 'fine team of genuinely specialist clinical negligence and inquest practitioners'. The firm's expertise encompasses work for NHS acute, community, mental health and ambulance trusts, as well as independent sector providers, and insurers of private hospitals and clinics. The practice is jointly headed by dual-qualified practitioner Peter Marquand, and David Roberts, who has been involved in the development of policy areas such as the use of fixed recoverable costs in clinical negligence. In recent highlights, Catherine Bennett led a team in the landmark case of ABC v St George’s NHS Trust which examines the extent of duty of care. For group litigation, Philip Hatherall is a key name to note.
‘Capsticks has a fine team of genuinely specialist clinical negligence and inquest practitioners.‘
‘Cassius Box is an outstanding practitioner who is delightful to work with.‘
‘A true healthcare specialist firm with some of the best, most complex and high profile cases, huge experience in the sector, and a well led team of lawyers.‘
‘Senior partner Perter Marquand is probably the best qualified, most experienced and astute department head in the field.‘
‘A leading light at the forefront of healthcare law and constantly alive to to the most recent themes.‘
St George’s Healthcare NHS Trust, South West London and St George’s Mental Health NHS Trust, Sussex Partnership NHS Foundation Trust
London Ambulance Service NHS Trust
Surrey and Sussex Healthcare NHS Trust
Kingston Hospital NHS Trust
West Hertfordshire Acute Hospitals NHS Trust
East Sussex Hospitals NHS Trust
South Central Ambulance NHS Foundation Trust
Bolton NHS Foundation Trust
Bradford Teaching Hospitals NHS Foundation Trust
Northern Lincolnshire & Goole NHS Foundation Trust
James Paget University Hospitals NHS Foundation Trust
Western Sussex Hospitals NHS Foundation Trust
Imperial College Healthcare NHS Trust
Sheffield Teaching Hospitals NHS Foundation Trust
Royal National Orthopaedic Hospital NHS Trust
University Hospitals Birmingham NHS Foundation Trust
- Acting in the landmark ABC v St George’s NHS Trust case which examines whether duty of care when advising a patient about the results of genetic testing should extend to third parties.
- Successfully acted for the defendant in a brain-damaged baby case worth £18m.
- Representing the Surrey and Sussex Healthcare NHS Trust in multiple claims and ten consolidated inquests involving patients who were treated by the same urological surgeon.
The clinical negligence team at Clyde & Co LLP brings a 'strategic approach' to regulatory and disciplinary proceedings, judicial reviews, and representation at inquests, as well as the full gamut of defendant medical malpractice work. 'Trailblazing' head of the global healthcare practice Claire Petts advises on a range of cases against medical professionals, with particular expertise in brain injuries, obstetric claims, and those of maximum severity or complexity. The team also includes 'very talented individual' Sam Holden, who is regularly instructed by NHS Resolution, NHS Trusts and private insurers, and coronial law specialist Gemma Brannigan, whose advocacy experience also spans prison inquests.
‘Led by the trailblazing Claire Petts, the team at Clyde & Co are willing to fight cases and are excellent at ensuring that the client feels supported at all times.‘
‘Sam Holden is a very talented individual who is always on top of the material and who is a pleasure to work with.‘
‘Really good, well-organised strategic approach to litigation, never losing sight of the bigger picture.’
‘Gemma Brannigan is incredibly supportive, knowledgeable, caring and informed.‘
Berkshire Hathaway International Insurance Ltd
Medical Protection Society
Lewisham & Greenwich NHS Trust
Premium Medical Protection
Hillingdon Hospitals NHS Foundation Trust
- Defending Ashford & St Peters’ NHS Trust against a claim brought by the parents of a child that was stillborn, after the mother chose to switch hospitals on her due date.
- Acting in a claim brought in connection with alleged negligence by A/B (pain management consultant) and/or C (hospital) in treating the claimant and causing cauda equina syndrome.
- Represented the defendant in a claim arising out of a thoracotomy, which was discontinued by the claimant one week from trial following an amendment to a fundamental dishonesty pleading.
A range of clients, including public and private healthcare organisations, and charities who plan, commission, regulate or provide health services, instruct the team at Hempsons. The firm has an 'exceptional reputation in the field', and is noted particularly for a 'depth of experience' which spans complex and high-value claims, including those involving multiple defendants. Practice head Mary Menjou, noted by a client as 'one of the stars in the field', has extensive experience of both trial work and unusual claims, including those relating to the latest neurosurgical techniques and exceptionally rare genetic syndromes. The team also fields Gautam Chawla, who brings a knowledge of both claimant and defendant matters to a broad range of medical issues, including cardiac failure, gastrointestinal injury, and general surgical claims.
‘An exceptional reputation in the field, built up over many years.‘
‘The Hempsons team has high quality work and a depth of experience which marks it out.‘
‘Gautam Chawla is a delightful practitioner who is commercial in his approach to litigation risk and who represents NHS defendants with great care and tact.‘
‘Mary Menjou is one of the stars in the field.‘
Royal Berkshire NHS Foundation Trust
- Defending NHS Resolution & Royal Berkshire NHS Foundation Trust against a wrongful birth claim, following the birth of a child with Down’s syndrome.
Kennedys fields an 'innovative and collaborative' team, which has client relationships with private hospitals and clinics, and their insurers, both in the UK and internationally. The firm frequently acts for NHS Trusts and Clinical Commissioning Groups, as well as playing an active role in the development of healthcare policy. Practice head Christopher Malla brings 'superb knowledge' to a wide range of medical malpractice claims, including those concerning cerebral palsy, paediatrics, and high-value spinal and orthopaedic injuries. For cases concerning alleged neurological injury and consent, Ed Glasgow, who always 'understands the practical difficulties of clients', is a key name to note. Nico Fabri regularly represents healthcare bodies at inquests, including those concerning deaths in prisons and care homes, and also manages a multi-jurisdictional claims handling scheme for a leading international medical malpractice insurer.
‘Highly experienced and knowledgeable team with giants of the field leading them and a number of excellent practitioners amongst the ranks.‘
‘Ed Glasgow is an excellent lawyer.‘
‘An innovative and collaborative team.‘
‘Christopher Malla has superb knowledge, excellent judgement, is loyal and decent, and all-round excellent.‘
‘Ed Glasgow understands the practical difficulties of clients and seeks to find workable solutions.‘
‘Nico Fabri is very client focused and always goes above and beyond to assist wherever possible and obtain the best result for his client.‘
As well as acting for multiple London NHS Trusts, Bevan Brittan LLP's clinical negligence team is increasingly instructed in international claims, most recently handling cases in Bermuda, Singapore and Jersey. The firm also deals with brain injury cases straddling the UK and other jurisdictions, such as France and India. Under the guidance of 'fantastic team leader' Joanne Easterbrook and head of clinical risk Tim Hodgetts, the practice has developed a key focus on surrogacy and psychiatric claims, especially those concerning secondary victims, along with cosmetic surgery and aesthetics treatment cases. In recent highlights, Dan Morris represented the defendant in the landmark Supreme Court case XX v Whittington Hospital NHS Trust, which concerns the recoverability of damages for commercial surrogacy costs in the US.
‘Bevan Brittan has an excellent relationship with a number of NHS trusts, medical defence organisations and private hospital groups.‘
‘Julie Charlton is an excellent lawyer with good judgement.‘
‘A great team, with a fantastic team leader in Joanne Easterbrook.‘
‘Joanne Easterbrook is top class and a pleasure to work with.‘
NHS Resolution – CNST
NHS Resolution – CNSGP
Guys & St Thomas’ NHS Foundation Trust
St George’s University Hospitals NHS Foundation Trust
Allied World Assurance Company
Basildon & Thurrock University Hospitals NHS Foundation Trust
West London Health Trust
Homerton Hospital NHS Foundation Trust
The Royal Free Hospital NHS Foundation Trust
Kent & Medway NHS & Social Care Partnership Trust
- Defending Whittington Hospital NHS Trust in an appeal to the Supreme Court concerning the recoverability of the costs of commercial surrogacy in the US.
- Represented a defendant NHS Trust in a claim alleging negligence in the obstetric care provided to a mother who died three weeks after delivery of her first child.
- Successfully represented the Basildon and Thurrock University Hospitals NHS Foundation Trust at trial in a repercussive issue in which the claimant alleged there was a failure to provide timely thrombolysis resulting in stroke.
DAC Beachcroft LLP
DAC Beachcroft LLP's team provides a full clinical negligence offering, handling a wide range of medical malpractice claims, healthcare advisory and regulatory work, and inquests. The firm provides full UK coverage, with integrated offices in England, Scotland, Northern Ireland and the Republic of Ireland, as well as acting in multiple foreign jurisdictions. Nigel Montgomery, who splits his time between Bristol and London, leads the national team, and is known for his management of group actions, along with his catastrophic injury work. For claims relating to ophthalmology and plastic surgery, Simon Perkins is a key name, while Matthew McGrath is noted for his expertise in birth injuries.
‘One of the outstanding aspects of DAC Beachcroft is their client care. They are an extremely approachable firm who never seem to mind ad hoc telephone calls. Another outstanding feature is their excellent communication with clients; they frequently provide updates on matters, seeking authority appropriately and setting out a range of options for the client on the management of a claim, whilst at the same time recommending one particular course of action.’
‘They are my preferred firm owing to their responsiveness, approachability and sound advice.’
‘They are always helpful and efficient – they provide first-rate advice and provide excellent defence for those clinicians who are the subject of a claim.’
‘Simon Perkins is our main point of contact. He is a great partner to work with. He has good oversight of his team and I have never had cause for worry for any of my claims handled by the associates.’
‘Matthew McGrath is one of the best clinical negligence litigators of his generation.’
‘All staff at DAC Beachcroft are fantastic and knowledgeable.’
‘Simon Perkins is an exceptional lawyer; knowledgeable, effective and extremely helpful. He has helped me on many occasions.’
The Medical Defence Union
Royal Devon & Exeter NHS Foundation Trust
Zurich Global Corporate
Bermuda Hospital Board
- Successfully defended a complex causation clinical negligence claim brought on behalf of a patient born prematurely, who received an overdose of a muscle relaxant which allegedly caused significant brain damage.
- Acted successfully in a limitation trial arising from a claim brought in relation to a discharge following an emergency caesarean section, which occurred more than three years before proceedings were pursued.
- Successfully defended a claim arising from an alleged unnecessary hysterectomy which involved Montgomery-type consent issues.
Hill Dickinson LLP's spectrum of clients ranges from NHS Resolution and the Medical Protection Society, to private healthcare providers and insurers. The firm also handles claims arising from inquests within the prison service and walk-in centres, and is known for being the primary litigation support within the aesthetic sector, regularly defending individual clinicians and clinics. Andrew Craggs, who oversees both the London and Liverpool offices, focuses on complex clinical negligence claims. Recent arrival Rebecca Hunt, formerly of Capsticks LLP, brings extensive experience of advising NHS organisations on highly sensitive incidents, including those involving the Health and Safety Executive and police, to the practice.
Medical Protection Society
Oxford University Hospitals NHS Foundation Trust
Barking, Havering and Redbridge NHS Trust
Virgin Care UK
- Represented the defendant trust in an extremely high-value claim arising from negligence during neurosurgery.
- Successfully challenged a multi-million pound claim on a technical legal issue, leading to its being struck out.
- Successfully defended a trust at trial, supporting the surgeon’s decision-making at the time of surgery and reinforcing the Bolam and Bolitho tests.
Complex and high-value clinical negligence cases, strategic advice to major clients including NHS Resolution, organ transplant and blood donor matters, and group surgical claims all make up part of the regular workload of the medical malpractice team at Weightmans LLP. Practice head Rachel Kneale has a particular expertise in maximum severity obstetric and neurological injuries, including quantum issues such as periodical payments. Paul Thomson has extensive experience defending claims for GPs and dentists when instructed by medical defence unions, and in regulatory matters at the GMC and GDC respectively. Principal associate Isobel Michie brings her medical background to bear on catastrophic injury claims, including cerebral palsy. The firm benefited from the recent arrival of Kiran Sekhon, formerly of Capsticks LLP, who often resolves claims early by mediation.
‘This is a strong, friendly team, which is easy to work with. They work closely with their clients, and understand what they want. Importantly, they hold their nerve on difficult cases and have achieved some excellent results.’
‘The team has a particular ability to understand the needs of their client and direct their professional input to meeting those needs. They are all extremely approachable and straightforward. The fact that Weightmans have these features across the board makes them stand out.’
‘The depth and breadth of experience in clinical negligence work is striking – there will be very little indeed that they have not seen before. Cases are well prepared and well presented.’
‘A very highly competent clinical negligence defence team in London and in Birmingham which ranks very highly in comparison to its peers.’
‘Isobel Michie stands out as very calm and assured and with excellent judgement and is a font of knowledge and wisdom relating to wrongful birth cases.’
‘There is strength and depth ,with some very strong partners supported by well trained associates. They give a more personalised service than some of the bigger departments.’
‘Rachel Kneale is a highly experienced and intuitive lawyer with unrivalled experience of working on high value clinical negligence claims.’
‘Isobel Michie is clever and capable with a good eye for the winning points in a case.’
‘Paul Thomson has a great capacity to get on top of all the detail in the most complex quantum cases and to drive a hard bargain to get the best possible result.’
National Health Service Resolution
Maidstone and Tunbridge Wells NHS Trust
Royal Orthopaedic Hospital NHS Foundation Trust
Public Health England
Chelsea and Westminster Hospital NHS Foundation Trust
East of England Ambulance NHS Trust
London Ambulance Service NHS Trust
- Defending the East of England Ambulance Service NHS Trust and NHS Resolution after a patient with a longstanding history of epilepsy suffered permanent brain damage as a result of alleged negligent treatment by a paramedic.
- Successfully settled an emotive stillbirth claim at mediation, resulting in the opportunity to offer non-monetary compensation.
- Acted for the Chelsea and Westminster Hospital NHS Foundation Trust and NHS Resolution in a very high-value birth injury case, which was initially pleaded at £48m.
The 'very clever' BLM clinical negligence team is instructed by a range of clients across the healthcare sector, including insurers, medical defence organisations, clinics, care homes and individual healthcare professionals. The firm 'gets into the detail and understands very complex areas of law and medicine' in relation to malpractice claims, as well as handling any associated inquest, regulatory or disciplinary proceedings, along with risk and reputation management.
‘The team is extremely efficient, very clever, gets into the detail and understands very complex areas of law and medicine.’
‘A firm with strong and deep human and other resources and excellent knowledge management, which continues to keep itself at the cutting edge.‘
Royal College of Nursing
Harley Medical Group
- Representing the defendant in a £9m wrongful birth claim which is subject to arguments on the scope of the client GP’s duty.
- Successfully defended a claim brought by a prison inmate who suffered a perforated gallbladder in prison.
- Acted for three GPs to trial, successfully defending their professional reputations such that the claimant discontinued her case part way through the trial and agreed to pay defence costs.
The 'very technical' team at Keoghs LLP brings a 'commercial and legal knowledge of the sector' to the private medical industry. The firm is known for its policy coverage advice, as well as its clinical defence work, and continues to grow its reputation for handling claims in the overlapping area of healthcare and sports, acting for a wide-ranging client base, including Premier League Clubs, players, practitioners and governing bodies; Daniel Meltzer is a key contact for this type of work. Practice head Sian Davies' regular workload includes actions for IVF clinics and pathology laboratories, along with ongoing group litigation.
‘The team are very technical and have a clear understanding of the commerciality required to deal with London market insurance claims.‘
‘Sian Davies as Director of Healthcare is outstanding, not only for her experience, knowledge and commercial outlook to managing claims, but also her ability to calm and assist clients where needed.‘
‘Keoghs have an excellent team of lawyers with a vast array of skillsets and commercial and legal knowledge of the sector.‘
‘Oonagh Webster has been a standout performer in terms of her meticulous attention to detail and quality of advice provided.‘
Bourn Hall Clinic
The Private Clinic of Harley Street
The FA Premier League
WR Berkley Underwriting
The clinical negligence team at RPC is known particularly for its expertise in a range of specialist areas, including cosmetic surgery, breast surgery and implants, claims arising from the termination of pregnancy, sonography claims and cauda equina. The firm has a focus on the independent sector, in which it 'obtains great results for its clients', both private hospitals and clinics, and individuals working within healthcare. Practice head Dorothy Flower, noted for her 'exceptional knowledge and leadership skills', has extensive experience in group action claims, as evidenced by her continuing involvement with the high-profile Paterson litigation.
‘The clinical negligence team is super – it is a pleasure to work with and obtains great results for its clients.‘
‘Dorothy Flowers has exceptional knowledge and leadership skills which have enabled her to build a strong team.‘
‘The team here have strength and depth and offer a supreme service to their clients.‘
‘Dorothy Flower is a real star.‘
Spire Healthcare plc
Royal Sun Alliance
British Pregnancy Advisory Service
Make Yourself Amazing (MYA)
Society of Radiographers
Royal College of Nursing
Royal Hospital for Neuro-Disability
- Acting for Sunderland Association Football Club’s doctor in relation to an alleged failure to examine a player.
- Defending a cosmetic surgery provider against a number of breast implant associated – anaplastic large cell lymphoma claims.
- Acting for a defendant Hungarian dentist in relation to an alleged negligence claim.
With a particular focus on independent healthcare and health technology, the 'very strong specialist' clinical negligence team at Browne Jacobson LLP acts for major medical and laboratory services providers, both in the UK and internationally. Lorna Hardman heads up the national practice, while 'formidable opponent' Matthew Trinder takes the lead in London. The firm regularly takes on claims relating to neurosurgical matters, genetics, pathology, and obstetrics.
‘Very strong specialist team.‘
‘Matthew Trinder is hugely experienced in the field – bold and robust, and a formidable opponent.‘
‘Fair and robust – they fight for you with all their might.‘
‘Mathew Trinder grasps quickly medical issues and digests them very well, and knows how to project them in his defence.’
The Doctors Laboratory
Medical Protection Society
Health Service Laboratories
Southend University Hospitals NHS Foundation Trust
Basildon & Thurrock University Hospitals NHS Foundation Trust
Barking Havering & Redbridge University Hospitals NHS Trust
- Successfully defended a claim against Southend University Hospitals NHS Foundation Trust at trial, which related to the alleged delayed diagnosis of a rare infectious disease.
- Acted for the defendant United Lincolnshire Hospitals NHS Trust in a trial concerning the nature and extent of the claimant’s psychiatric injury, following an admission of liability for the death of the claimant’s baby.
- Instructed by a number of private medical malpractice insurers.
With Chris Horsefield in the lead, the workload of the clinical risk team at CMS consists of defending high-value medical malpractice claims and professional disciplinary cases against doctors, as well as assisting them in inquests. Key clients who regularly instruct the team include the Medical Defence Union and the General Optical Council.
Along with defence of complex clinical negligence claims, DWF's team has extensive experience advising on insurance policy coverage issues and policy wording, regulatory and disciplinary expertise, and specialism in defending healthcare providers and practitioners in criminal proceedings. Practice head Tracy Sell-Peters regularly acts for defendants in neurological, cerebral palsy, ophthalmology and paediatric claims, and 'performs wonders for clients'. Vicki Swanton, who previously headed up BLM’s healthcare practice, joined the team in July 2020.
‘Nothing short of superb and have saved medical careers.’
‘An extra level of work ethic which shows particularly in the regulatory cases they handle.’
‘Joanne Staphnill’s strength is certainly in her depth of knowledge.’
‘Tracy Sell-Peters performs wonders for clients.’
‘Vicki Swanton is fantastic – excellent at her work, very responsive, extremely clever.’
Paragon International Insurance Brokers Ltd
Axis Managing Agency Ltd
Independent Clinical Services Ltd