Medical negligence: pursuer in Scotland

Anderson Strathern

At Anderson Strathern, the medical negligence team is led by 'excellent' director Robbie WilsonCatriona Watt, who heads up the professional regulation team, is a key name in the region for complex birth injury claims as well as those relating to adult incapacity. Solicitor advocate Robert Carr is an accredited specialist in both medical negligence and personal injury and is highly experienced in pursuing Court of Session claims. The team regularly receives referrals from local solicitors and the Royal College of Nursing on cases primarily pertaining to birth injuries, as well as the misdiagnosis’ and delayed diagnosis of patients.

Practice head(s):

Robbie Wilson

Testimonials

‘They inspire confidence, and have excellent client skills.’

‘Gary Burton is pleasant and straightforward to deal with yet tenacious for his client. The team has a long history of high quality clinical negligence pursuer work. ‘

‘Robbie Wilson is excellent in every aspect of the job – knowledge of substantive law, understanding of medical matters, dealing with clients, tactical acumen and judgement.’

‘Anderson Strathern is an excellent specialist firm in the area of medical negligence and personal injury.Their attention to detail and professionalism sets them aside from their competitors in this market.’

‘Catriona Watt and Robbie Wilson are highly skilled practitioners. They have excellent client skills which is so important in this area, but what most impresses me is their fantastic knowledge of their speciality.’

‘The people we have dealt with from the firm are very engaged in securing the best possible case. They work with us as a team in taking on board our input towards strengthening every aspect of the case. They are transparent in every way and honest about particulars that could help or hinder the interests of the case.’

‘The individuals of the practice take a positive and personable approach. They engage with us fully in matters concerning out case thoroughly and patiently.’

‘Robbie Wilson is an expert in clinical negligence. He is extremely tenacious, very good at explaining complex issues to clients and great to work with. He is an excellent lead for clinical negligence.’

‘Catriona Watt excels in her fields of expertise, she is very committed with a great intellectual grasp. Exceptionally friendly, kind, approachable and honest. I can find no fault whatsoever with any aspect of the service I received. ‘

‘The legal team worked very well together; all ‘singing from the same hymn sheet’ and were able to fill me with confidence that I had their support throughout.’

Key clients

Harper, Robertson & Shannon

Martin & Company

Masson & Glennie

Quantum Claims

Pomphreys

Wallace Quinn

Lynn Herbert & Co

Smith & Grant

Royal College of Nursing

Balfour+Manson LLP

Balfour+Manson LLP has a 'bank of suitably experienced medical experts' with a track record of success in complex medical negligence cases.. Ann Logan leads the team and is adept in handling cases involving neonatal care, regularly obtaining significant settlements. David McIntosh, who successfully settled a £5m cerebral palsy claim, is another important figure. One recent key matter, led by firm chairman Elaine J Motion, has involved advising a number of women on their actions against an NHS trust which underdosed chemotherapy treatment for breast cancer.

Practice head(s):

Ann Logan

Testimonials

‘It is essential for successful practice in relation to pursuer medical negligence claims that you have ready access to a bank of suitably experienced and available medical experts whose opinions are likely to carry weight with the court if the case has to go to that stage. Balfour & Manson have such contacts in abundance and are very good at identifying the best areas in cases to be investigated.’

‘Medical negligence cases in particular tend to be very involved and can turn on the smallest factor. The level of expertise that Balfour & Manson have means that they are able to assess cases efficiently and reliably and if they think that the case is likely to succeed then there is a very high probability, in our experience, that the case will in fact succeed.’

‘Ann Logan is of a level of experience and knowledge that she is probably as good as most counsel in relation to medical negligence claims. She is incisive in identifying what claims have potential merit and then in identifying the best lines to be investigated through a suitable medical expert. Her accreditation through the Law Society of Scotland in relation to medical negligence is well-merited. She handles client’s sensitively and with understanding while remaining a fearless litigator.’

‘Elaine Motion is an outstanding lawyer and leader.’

‘Ann Logan is one of the top medical negligence lawyers in Scotland.’

‘Ann Logan always goes above and beyond the call of duty when it comes to preparing her cases. no stone is left unturned. She is great to work with, is always calm and collected and is excellent with clients.’

‘Michaela Guthrie is Ann Logan’s assistant. She works closely with Ann on clinical negligence cases. She has been trained by the best. She is well prepared, tenacious, excellent with clients and great to work with.’

‘Everyone I was in contact with at Balfour+Manson helped make an extremely traumatic experience tolerable and manageable. This team of lawyers are highly regarded and very well thought of in the legal profession. ‘

Key clients

Kenyan Tea Pickers

A group of women under-dosing of chemotherapy

Digby Brown LLP

Digby Brown LLP 's clinical negligence team, which is praised for its 'willingness to pursue difficult cases', is primarily based in Glasgow and Edinburgh - in Glasgow, Ruth Kelliher now heads up the department; she is accredited as a specialist in clinical negligence by the Law Society of Scotland and has handled cases involving bile duct injuries as well as missed fractures and birth injuries. She works in tandem with associate Trish McFadden.

Practice head(s):

Ruth Kelliher 

Other key lawyers:

Trish McFadden

Testimonials

‘Their solicitors are hard working, talented and experienced individuals who provide a first class service to their clients.’

‘First class knowledge of relevant law and procedure; determination; a willingness to pursue difficult cases which may or may not succeed; superb client care.’

Drummond Miller LLP

Drummond Miller LLP's clinical negligence practice is regarded by some as 'the leader in their field'. The 'hugely experienced' Liesa Spiller leads the team and is an expert in claims concerning birth injuries and surgical errors, with a consistent record of major settlements. 'Extremely tenacious' fellow practice leader Darren Deery is very active on claims involving misdiagnosis or delayed diagnosis, with certain cases going to the Court of Session, often reaching seven-figure settlements.

Practice head(s):

Liesa Spiller

Testimonials

‘The team at Drummond Miller are a great team of lawyers, totally committed to the work they do. The clinical negligence team is outstanding and they passionately believe in acting and doing the best they can for claimants.’

‘Elizabeth Rose believes passionately in helping and supporting claimants in clinical negligence claims and is a fierce negotiator.’

‘Liesa Spiller leads the team – there is nothing she does not know about clinical negligence. She is a great lawyer, absolutely excellent with clients and calm in the face of adversity. She has trained her team extremely well and is always there for the problem cases.’

‘Darren Deery is extremely tenacious. He always does his best for the client. He leaves no stone unturned. An excellent lawyer who is great to work with. ‘

‘Drummond Miller’s clinical negligence team has unsurpassed strength in depth. They are excellent at every level – partner, associate, assistant. They are a pleasure to work with. ‘

‘Working with specialised teams like Drummond Miller makes a huge difference in a medical negligence pursuer case.’

‘Liesa Spiller is hugely experienced and very able. One of the main figures in Scottish clinical negligence litigation.’

‘Darren Deery is very able and hardworking and very well organised.’

‘Lorna Hale is a very able lawyer with excellent attention to detail and very good experience in clinical negligence.’

‘This is the leader in the field. They are very proactive and go above and beyond for their clients. They take enormous care to instruct counsel who have good interpersonal skills to match their excellent legal skills and this is mirrored in the strength of their own team. ‘

‘Drummond Miller have a diverse team and they really care about the clients they represent. Darren Deery is an outstanding solicitor, leading a team with the excellent Lorna Hale, who is like a more junior vision of Darren – they are both very intellectually able and proactive with excellent interpersonal skills.’

‘They are, in my view, the best clin neg team in Scotland. Seriously, they really are good. I can’t speak highly enough about them. Completely caring and compassionate but tremendously efficient. Their ability to handle fast moving and difficult court deadlines, and also the most complex evidence in a hugely difficult area of law is quite incredible.’

‘The clin neg team at Drummond Miller are really excellent. In Liesa Spiller and Darren Deery they have two of the best clin neg specialists in Scotland.’

Harper Macleod LLP

The medical negligence team at Harper Macleod LLP sits within the firm's personal injury and reparation department, and is led by Heather Calderwood , who works with well-regarded senior associate Amy Dickson. The practice focuses on claims for wrongful death and foetal abnormalities, among others, and the firm has recently seen an increase in claims involving children. Elizabeth Mitchell is the overall head of the firm's personal injury and reparation department.

Practice head(s):

Heather Calderwood

Other key lawyers:

Amy Dickson

Testimonials

‘Those with whom I have worked in this team are enthusiastic and driven to find solutions for their clients. They are lawyers with an ability to see the wood from the trees and to quickly identify the real issue or issues in a case. They take a proactive approach to the claims in which their clients instruct them. Whilst being pragmatic they are also determined and will take an appropriately firm stance on their client’s behalf whether in settlement negotiations or in defending claims to the full.’

Jackson Boyd LLP

Jackson Boyd LLP handles a steady stream of medical negligence cases, particularly in the areas of neonatal care, oncology, neurology and the failure to correctly diagnose catastrophic injuries. Debbie Milne, who leads the practice, often acts before the Court of Session and has a record of securing significant settlements for clients.

Practice head(s):

Debbie Milne

Lindsays

Lindsays operates under the leadership of David Armstong who, according to some, is ‘the best litigator in Scotland’ and the ‘excellent‘ Jonathan Cornwell. Major cases the firm has handled involve birth injuries and surgical defects, among others, and the team is well-regarded for its 'use of technology to good effect'. The 'dedicated' and 'unflappable' Lauren Pasi is also recommended.

Testimonials

‘David Armstrong is one of the best litigators in Scotland and has built an incredible business platform since bringing his team over from Brodies. ‘

‘They really are a strong and flexible team.’

‘Well experienced in every area, with particular strengths in medical negligence and more complex injury cases. Good attention to detail.’

‘They have a good grasp of the key issues in cases – they seek optimum realistic outcomes for clients.’

‘David Armstrong has a very good rapport with clients, expert witnesses and counsel. He knows well the role he plays in the legal team presenting a case and performs it well such that others can perform their role well too.’

‘Very professional – communication was extremely efficient and timely. Worked diligently to achieve the best outcome.’

‘David Armstrong provided an exceptional service and achieved a satisfactory outcome. David was very understanding given the circumstances and always made himself available to speak over the phone when required, he was very reassuring when explaining legal terms to give me an understanding.’

‘I have been impressed by their use of technology to good effect in marshalling paperwork in a paper-free environment. ‘

‘Client care seems to be at the top of their agenda, as is pressing for the maximum amount possible in compensation. The legal knowledge and competence of the firm should place them at the forefront of the market.’

Morton Fraser

Morton Fraser handles a wide range of medical negligence cases before Scotland's top courts. Jenny Dickson leads the practice and is notably strong in acting on cases involving delayed diagnosis, misdiagnosis and birth injuries. She is supported by senior associate Nicola Edgar, while the team also includes senior solicitor Derek Couper, who joined from Shoosmiths in late 2018. Key clients include individuals, legal expenses insurers and other solicitors.

Practice head(s):

Jenny Dickson

Other key lawyers:

Nicola Edgar; Derek Couper

Testimonials

‘Jenny Dickson is extremely able and has excellent judgement about which cases to potentially fight and which cases to compromise. She is certainly not scared though of fighting cases that should be fought.’

Key clients

Innes & Mackay, Solicitors

Glasgow Law Practice

Work highlights

  • Represented family of young man who died of a heart attack, after his GP failed to diagnose a pulmonary embolism.
  • Represented client in an unwanted pregnancy case after a contraceptive coil was fitted incorrectly.
  • Acting for the family of an individual who died when her prescription medicines caused pulmonary complications.

Irwin Mitchell Scotland

Irwin Mitchell Scotland is continuing to build on the firm's leading national reputation firm for clinical negligence work, and has recently restructured and relaunched the Scottish practice, with an increase in enquiries as a result. Solicitors Kathleen Lang and Nicola McCartney are the two key names of note.