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Brodies LLP acts in a wide range of claims, including ophthalmology, deaths in custody, aesthetic surgery and medical device implantation. Clients include medical institutions, equipment manufacturers and individual medical professionals. Elena Fry co-leads the practice alongside Duncan Mawby, who joined from BTO Solicitors LLP in September 2017. The firm is defending a number of class actions for suppliers of pelvic mesh and metal on metal hip implants. It also represents several insurers in cases involving insured practitioners facing complex medical negligence claims and fatal accident inquiries.

BTO Solicitors LLP’s outstanding practice defends doctors, dentists and nurses against clinical negligence claims before the Court of Session, Sheriff Courts, as well as in fatal accident inquiries and public inquiries. The firm regularly acts for the Medical Protection Society (MPS), the Medical and Dental Defence Union of Scotland (MDDUS) and the Medical Defence Union (MDU) as the principal external advisor. It is also instructed by a number of insurance companies in clinical negligence claims against insured risk. Douglas Jessiman leads the team, which includes Laura Donald and Caroline Carr. Jessiman is adept at handling complex causation cases in front of the Court of Session, and is representing a GP in relation to a claim for damages raised by a former patient who was prescribed medication, and subsequently involved in a fatal car accident. Donald defended a dentist in a claim raised by a patient concerning the administration of a dental procedure that led to bleeding issues, despite the dentist’s knowledge that the patient was on prohibitive medication; after negotiation, the parties agreed a substantially reduced settlement. Duncan Mawby joined Brodies LLP in September 2017.

Clyde & Co LLP acts for a broad spectrum of clinical professionals in negligence claims, fatal accident inquiries, inquests, internal disciplinary, regulatory and criminal proceedings, in addition to large-scale class actions. The firm is also on the panels of a number of healthcare insurers, including Hiscox, MPLC and the RSA Group, in addition to instructions from the MPS, MDDUS and MDU. The practice is led by Graeme Watson, who specialises in professional indemnity, with a focus on medical negligence work. In a major highlight, team is representing Johnson & Johnson Medical in personal injury litigation concerning pelvic mesh products. In another key mandate senior associate Duncan Batchelor represented the UK subsidiary of G4S Care & Justice Services in a class action brought by prisoners alleging breaches of their human rights as a result of being handcuffed in hospitals, successfully defending the majority of claims, in a case which is now in appeal. Other highlights included representing a consultant breast surgeon in an action alleging lack of informed consent and negligent reconstructive surgery, in a case that was defended on the grounds that the action was not raised in time.

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Legal Developments in Scotland for Medical negligence: defender

  • New revised guidelines for administrators in pre-pack sales

    Pre-pack sales by administrators are now used frequently enough for most people in business to be aware of them and many have come across them in their business lives. A small amount of controversy still attaches to pre-packs, but it is probably right to say that they are now an accepted part of the UK business scene as a useful means of rescuing a business in difficulty and preserving some or all of the jobs connected with the business.
    - Druces

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