Anderson Strathern maintains a strong profile in the medical negligence space, fielding an ‘excellent’ team with demonstrable strength in high-value, complex cases, including birth injury, fatal claims and surgical injury. Accredited specialist in medical negligence law Robbie Wilson oversees the group; he made partner in September 2022. Catriona Watt is particularly experienced handling birth injuries, while Gary Burton takes point on fatal claims; he was also promoted to partner in 2022. Seasoned litigator and solicitor advocate Robert Carr is another key member of the team.
Medical negligence: pursuer in Scotland
Robbie Wilson; Catriona Watt; Robert Carr
Other key lawyers:
‘Robbie Wilson, partner and head of clinical negligence, is a leader in his field. He has outstanding technical knowledge, sound judgment and has a very good manner for dealing with clients.’
‘An excellent team of medical negligence lawyers. Very switched on in this area of work with a breadth of knowledge across the practice area. Led well by Robbie Wilson, who is always one step ahead and incredibly well prepared.’
‘Excellent organisational skills. A great eye for detail. Able to identify strengths and weaknesses in their cases and have an understanding of how to progress the cases to put the cases in as strong a position as possible. Adopt a team approach to working with counsel, rather than leaving matters entirely to counsel. Always willing to contribute their ideas.’
Harper, Robertson & Shannon
Martin & Company
Masson & Glennie
Lynn Herbert & Co
Smith & Grant
Royal College of Nursing
Balfour+Manson LLP is routinely called upon to advise on complex and high-profile matters concerning birth injuries and informed consent as well as matters pertaining to liability and causation. The team handles claims against hospitals, primary care providers, private surgeons and other health professionals. Elaine Motion heads the practice alongside the ‘absolutely excellent’ Ann Logan, an accredited specialist in medical negligence law with extensive experience in birth injury claims. David McIntosh is recommended for his track record in cerebral palsy-related cases, while Julie Clark-Spence is regularly instructed to advise on fatal claims. Michaela Guthrie was promoted to partner in 2022 and puts an emphasis on injuries sustained during childbirth.
Elaine Motion; Ann Logan
Other key lawyers:
Michaela Guthrie; David McIntosh; Julie Clark-Spence
‘This is an experienced and expert team headed by an extremely experienced senior partner.’
‘Ann Logan is the senior partner, who I work with. She is absolutely excellent. She has great legal knowledge and keeps herself up to date. She has a wonderful way with clients and is always thoroughly prepared. She has great judgement and is an excellent leader of a small but expert team. I cannot rate her highly enough.’
‘This is a strong team that works well together. They have vast experience in the area of clinical negligence and are one of the top clinical negligence firms in Scotland.’
Drummond Miller LLP‘s dedicated medical negligence offering runs the full gamut of claims with particular strength in informed consent, surgical errors, and delays in diagnosis and treatment. Liesa Spiller and Darren Deery, both accredited clinical negligence specialists, lead the overall team. Following its merger with Peacock Johnston in June 2022, the firm’s West Coast and Central Belt offering was further strengthened with the arrivals of accredited specialist in clinical negligence Susith Dematagoda and Andrew Pollock, who leads the Glasgow office. Recently promoted partner Lorna Hale is another key member of the team and is particularly experienced in acting for families on complex fatal claims.
Liesa Spiller; Darren Deery
Other key lawyers:
Andrew Pollock; Susith Dematagoda; Lorna Hale; Carrie Burrows; Miranda Becher
‘Experts in the field. The review of reports and the discussion of issues are meticulous, and they do not pursue cases for the sake of work.’
‘Friendly and open to discussion. They are experts in the field of medical negligence. Makes for very efficient working.’
‘The team is always approachable and incredibly helpful. They report to queries in a timely fashion. Bills are settled in good time. Instruction letters are clear and helpful. The medical records come with a chronology, which makes finding key information easier.’
‘My impression is that the individuals at this firm really care for their clients and are willing to go the extra mile to help them in any way they can.’
‘Outstanding firm working in this field. Truly engaged for their clients, with an outstanding understanding of the subject matter.’
‘A complete willingness to go above and beyond in pursuit of a case. Incredible attention to detail, far beyond what would ordinarily be expected of others.’
‘Cohesive team, all individuals are highly skilled, knowledgeable, thorough and person-centred in their approach.’
‘They know their field, are extremely thorough, very personable and approachable to work with.’
- Acted as sole advisors to the family of an individual, who passed away after suffering a delayed diagnosis of cancer where causation was particularly complex.
- Acting in a birth damage claim, in which negligence, causation and quantum are all in dispute. Along with factual disputes, the case involves many complex and hypothetical factual scenarios together with genuine differences of medical/expert opinion.
- Acted for an individual, who sustained an extremely unusual injury during the birth of her first child by caesarean section, which required reports from two prominent experts in obstetrics and gynaecology, and an expert in reproductive medicine.
With a 'wealth of experience' in high-value and complex cases, the medical negligence team at Digby Brown LLP 'leaves no stone unturned' when handling claims across the full spectrum of clinical negligence. Head of practice Ruth Kelliher is highly rated for her expertise in complex claims pertaining to birth injuries and neonatal deaths, while accredited clinical negligence specialist Trish McFadden is an 'exceptionally able' litigator. At associate level, Megan McGuire is recommended for her expertise in medical consent cases.
Other key lawyers:
Trish McFadden; Megan McGuire
‘Determined to achieve the best result for the client. A wealth of experience in dealing with the most high-value and complex cases, with a fantastic knowledge of the medical experts required to present such cases.’
‘This is a specialist medical negligence team, who is at the top of its game. A client backed by this team will have the best experts instructed, and the cases are always thoroughly prepared.’
‘Trish McFadden and Ruth Kelliher are the partners who stand out. Trish and Ruth lead a great team. They are both very well prepared, conscientious and tenacious. Both Trish and Ruth are understanding and empathetic. They are great with clients and good at explaining complex legal issues. They have a great knowledge of medical law, and the team leaves no stone unturned.’
‘Trish McFadden is an exceptionally able, experienced and well regarded solicitor in this field. Trish has experience of a huge range of medical negligence cases and is very astute at spotting those cases most likely to succeed. Megan McGuire also deserves a special mention as a rising star in this area. She is experienced and able and, again, delivers excellent results for her clients.’
‘Ruth Kelliher is very well organised and very thorough. She has a clear grasp of the complicated issues which arise in clinical negligence cases. She is very efficient at undertaking necessary investigations and is an excellent communicator.’
‘Very dedicated and knowledgeable team with good systems in place.’
‘Trish McFadden is very impressive and highly experienced.’
‘The medical negligence team is filled with very experienced and competent solicitors, who are well versed in the challenges posed by this type of litigation.’
Operating within the firm's wider personal injury and reparation department, the clinical negligence team at Harper Macleod LLP handles fatal claims, wrongful death cases and surgical injuries. Described as a 'powerhouse,' Heather Calderwood co-heads the team with consultant Elizabeth Mitchell and regularly appears before the Court of Session. The 'very talented' Amy Dickson was promoted to partner in April 2023 and is routinely called upon to advise on surgical errors, sepsis cases, and nursing and midwifery errors.
Elizabeth Mitchell; Heather Calderwood
Other key lawyers:
‘Strong work ethic, very focused on the client, well organised.’
‘Amy Dickson is an excellent solicitor. Very good with clients – human, accessible, diligent – but also good on the law and working with experts in this field.’
‘Experienced and knowledgeable partners in this field. They also have several excellent associates, who are able to run their own complex cases. The more junior solicitors are well supported, including the trainees. A class act.’
‘Heather Calderwood is the living embodiment of “an iron fist in a velvet glove”. She is a powerhouse in terms of the volume of quality work that she delivers and she is always professional and focussed on results. Amy Dickson was recently promoted to partner and is practical and commercial with a skill for getting things done. Her clients trust her as she tells it like it is. She is a very talented lawyer, who is very reliable and consistently achieves results.’
Lindsays‘ clinical negligence practice is regularly instructed to assist with matters concerning misdiagnosis, dental negligence and loss of society claims. David Armstrong heads the team and specialises in cases involving failures to diagnose or treat conditions, while Jonathan Cornwell acts on claims relating to surgical error and hospital-acquired infections, and Lauren Pasi is experienced in cases concerning misdiagnosis and informed consent issues. Associate Rachel Holt is another key member of the team.
Other key lawyers:
Jonathan Cornwell; Rachel Holt; Lauren Pasi
‘The team communicates well with counsel, clients, opponents and the court. They are proactive.’
‘David Armstrong is personable, knowledgeable and efficient. Jonathan Cornwell is easy to deal with, knowledgeable and practical. Rachel Holt is well organised, has a sharp mind and is a good team player.’
‘It is absolutely appropriate to mention Lauren Pasi as a standout partner. She is always in control of her cases. Her clients are always advised of the progress of their litigation. She always has helpful insight into the problems, litigations can encounter. Rachel Holt is an exceptional associate.’
‘One issue that makes this team stand out is their quality and speed of delivery. Many solicitors take months or years to undertake full investigations. Lindsays hit the ground running and leave no stones unturned. The papers and filing systems make everything user-friendly and are immaculately presented.’
‘Lauren Pasi is a very experienced practitioner. She has not only a wealth of knowledge but an enviable bank of experts to assist in all types of clinical negligence.’
‘We deal with all team members from partners to paralegals. We have found the team to be knowledgeable with all aspects of the claim.’
The Society of Radiographers
Morton Fraser MacRoberts
Morton Fraser MacRoberts's medical negligence practice is overseen by Jenny Dickson, based in Edinburgh, and handles high-value and complex cases relating to surgical error, birth injuries and informed consent issues. The team also advises on fatal claims and delayed diagnosis matters.
- Advising a client who suffered cauda equina syndrome. The medical team failed to obtain consent prior to spinal compression surgery. That surgery resulted in the client suffering from cauda equina.
- Advising the family of an individual who developed deep vein thrombosis as a direct result of medication they were prescribed for another condition. The doctor failed to ensure the appropriate care was provided to monitor her condition after medication was prescribed resulting in the individual’s death.
- Advising the family of a gentleman who died when he fell from a hospital bed. His care in hospital fell below the recommended standard resulting in his death.
Jackson Boyd LLP
Jackson Boyd LLP‘s clinical negligence practice handles fatal claims, birth injury and stillbirth cases alongside misdiagnosis matters. The team is jointly headed by managing partner Alan Macdonald and Dave Berry, an accredited trauma-informed lawyer, whose caseload spans the full range of clinical negligence. The ‘outstanding’ Debbie Milne takes point on cases concerning misinformed consent and surgical error. She is assisted by associate Pamela Bradshaw.
Alan Macdonald; Dave Berry
Other key lawyers:
Pamela Bradshaw; Debbie Milne
‘The team is filled with very experienced and competent solicitors, who are well versed in the challenges posed by this type of litigation. They are alive to the issues in a case without the input of counsel, and papers are usually very well prepared before counsel is instructed.’
‘Debbie Milne is very able and proactive.’
‘The team at Jackson Boyd has a very proactive approach to handling medical negligence claims. They have extensive experience in the field and in choosing the appropriate medical experts to provide opinion and support for their clients’ claims. They handle claims with skill, great attention to detail and without undue delay.’
- Acting for a young woman who required to have a large part of her left big toe amputated following surgery to remove an ingrown toenail.
- Acting for various clients on loss of society claims following failures by health boards to prevent suicide in medical care.
Embedded in the firm's wider UK network, Slater and Gordon's clinical negligence department provides assistance with a broad spectrum of matters, including fatal claims, psychiatric injury and delayed diagnoses of cancer. Described as ‘a force to be reckoned with,’ Sarah McWhirter oversees the team and has a broad practice that covers obstetric, birth and surgical injury claims. Associate Fiona Fowle, who handles brain injury, spinal injury and fatal claims, and solicitor Claire Paterson, who deals with a wide range of complex medical negligence cases, are other key contacts.
Other key lawyers:
Fiona Fowle; Claire Paterson
‘Robust firm that provides clear instructions and is well organised.’
‘Claire Paterson: Clear communication regarding cases and well organised.’
‘The individuals I have worked with stand out as exemplars in their field; they are knowledgeable, experienced and resourceful.’
‘The team is strong and committed.’
‘Sarah McWhirter is a force to be reckoned with. She is incredibly organised and has a fantastic in-depth knowledge of the field. Claire Paterson is more junior in the team but does her work very impressively.’
‘Sarah McWhirter and Fiona Fowle are the agents at this firm I have the most contact with. They all have a great depth of knowledge in this field. We find them approachable and friendly, and they are able to communicate complicated legal issues in a manner that clients can understand and appreciate.’
‘A highly professional and dedicated team, providing an excellent customer service.’
‘I deal mainly with Sarah McWhirter. Sarah is one of the most talented and knowledgeable lawyers within the field of medical negligence in Scotland. Her subject matter knowledge and customer care are second to none.’
Based in Glasgow, Irwin Mitchell Scotland's medical negligence group handles a diverse caseload covering birth injuries, ophthalmology, and spinal and brain injuries. Overseen by experienced senior associate David Bell, the team also includes accredited medical negligence specialist Kathleen Lang and solicitor Nicola McCartney.
Other key lawyers:
Nicola McCartney; Kathleen Lang
‘Extremely good client care and focus on getting rehab packages in place for clients, where possible. Standouts are David Bell and Nicola McCartney.’
‘Very honest with the position of a case, risks and costs. Provide significant information to make a decision on suitable ways to fund action.’
‘Honest and explain everything in detail so we know where we stand.’
‘Irwin Mitchell is a very organised, efficient team.’