Clinical negligence: defendant in Yorkshire And The Humber

DAC Beachcroft LLP

DAC Beachcroft LLP's well established clinical negligence team has a firm grip on its position at the top of the market, acting for both public and private clients including blue chip insurers and an array of NHS trusts. Leeds clinical negligence head Paul Taylor's talent in catastrophic injury work, especially spinal and birth injury claims, is universally recognised. He leads the department with the equally highly regarded Sean Doherty, who also has experience of complex metal hip claims. As well as high-profile national work, the practice also advises a regional client base on matters relating to patient safety, risk management and governance.

Practice head(s):

Sean Doherty; Paul Taylor

Testimonials

‘This team has unique and complete expertise in NHS hip claims, especially those arising from failed ‘metal-on-metal’ implants.’

‘Excellent lawyers, all of whom are experts in the field, very approachable and easy to work with.’

‘Great ability to understand our needs and to work collaboratively towards just and fair outcomes.’

‘They provide a thorough review of the risk of litigation and the strengths and weaknesses of a claim. They keep us fully informed.’

‘Sean Doherty runs the team with military efficiency. He is incredibly hardworking and committed to getting the best results. Nicola Perrott is absolutely in control of her cases and has an encyclopaedic knowledge of the field. Mikaler Cutts has the same work ethic and excellent grasp of the work.’

Key clients

NHS Resolution

MDU and Dental Defence Union Ltd

NHS England

Sheffield Teaching Hospitals NHS Foundation Trust

The Rotherham NHS Foundation Trust

The Leeds Teaching Hospitals NHS Trust

Doncaster & Bassetlaw Teaching Hospitals NHS Foundation Trust

Hull and East Yorkshire Hospitals NHS Trust

Barnsley Hospital NHS Foundation Trust

Harrogate and District NHS Foundation Trust

Yorkshire Ambulance Service NHS Trust

Sheffield Children’s Hospital NHS Foundation Trust

Gloucestershire Hospitals NHS Foundation Trust

University Hospital Southampton NHS Foundation Trust

York Teaching Hospitals NHS Trust

Bradford Teaching Hospitals NHS Foundation Trust

NHS Digital

Work highlights

  • Represented the Secretary of State for Health and Social Care and various NHS Trusts on behalf of NHS Resolution in all metal on metal hip claims including as an interested party in the Pinnacle litigation.
  • Advised NHS Digital on the development and implementation of the new NHS App, which started its public rollout across England in January 2019.
  • Advised NHS Resolution, on behalf of The Rotherham NHS Foundation Trust and Mid Yorkshire Hospitals NHS Trust, on the largest orthopedic group action in claims against various trusts involving one surgeon in Yorkshire undertaking hip, knee, ankle and shoulder surgery.
  • Helped the Dental Defence Union Ltd to secure discontinuance of a multi-party clinical negligence claim brought against a dentist.

Capsticks LLP

Since launching in Leeds in 2011, Capsticks LLP's Yorkshire practice has established a firm foothold in the region, and was reappointed to the NHS Resolution panel in 2017, increasing the volumes of defendant clinical negligence work it handles in recent months. The 13-strong Leeds team prides itself on resolving a wide spectrum of cases, from low to high-value and technical claims, while also championing the use of mediation and alternative dispute resolution. Leeds office head David Roberts - 'a pragmatic, sound and wise operator' - leads the team while also serving as nominated partner for NHS Resolution.

Practice head(s):

David Roberts; Ian Cooper

Other key lawyers:

Emily Senior

Testimonials

Available, easy to get hold and very easy to work with.

They understand the needs of their client and work with them at all times.

Excellent knowledge of property legal matters and very responsive service.

Clear answers to any questions,  happy to help and knowledgeable.

‘David Roberts is a pragmatic, great operator. Sound and wise.’

‘Peter Marquand and David Roberts display high levels of intelligence, competence and judgement.’

Key clients

NHS Resolution

Worcestershire Acute Hospitals NHS Trust

Markel

Work highlights

  • Represented NHS Resolution and the Trust in a Court of Appeal case on both a doctor’s duty to disclose material treatment risks following the Supreme Court decision in Montgomery and the application of the ‘but for’ causation test following the Court of Appeal decision in Chester v Afshar.
  • Represented NHS Resolution and NHS Direct in connection with the inquest and claim resulting from the death of a young mother following attempts to seek telephone advice.

Hempsons

Hempsons provides 'high quality advice and practical support' to NHS trusts and health authorities during litigation. The team brings its considerable expertise to bear in assessing the legitimacy of claims and ensuring a rapid settlement with the view of protecting NHS resources and public money. The workload consists mostly of high value and specialist cases, from spinal cord and cauda equina to child abuse and brain damage. The 'hugely experienced, intuitive and pragmatic' Kathleen Wilson handles sensitive and complex  cases on behalf of NHS trusts and health authorities, while the similarly experienced Adrienne D’Arcy is head of the Harrogate team.

Practice head(s):

Adrienne D’Arcy

Other key lawyers:

Kathleen Wilson; Adam Hartrick; Helen Freeman

Testimonials

‘A small team with unrivalled knowledge of the healthcare sector’.

‘The team is extremely client focused, especially at the more senior levels.’

‘High quality advice and helpful practical support.’

‘Kathleen Wilson is a hugely experienced solicitor with an intuitive and pragmatic approach to litigation. She is particularly skilled in dealing with maximum value quantum claims and bringing them to a successful and speedy conclusion.’

‘Chloe Davies is outstanding – unstinting in her commitment and work ethic.’

‘The Hempsons team is comprised of highly experienced, dedicated and professional lawyers but ones with whom you can still have an easygoing conversation and who are good humoured.’

‘Adam Hartrick and Stephen Evans are both brilliant to work with; extremely knowledgeable and experienced – you relax when you know they are involved.’

Key clients

NHS Resolution

Mid Yorkshire Hospitals NHS Trust

York Teaching Hospital NHS Foundation Trust

Airedale NHS Foundation Trust

Calderdale and Huddersfield NHS Foundation Trust

Humber NHS Foundation Trust

Bradford District Care Trust

South West Yorkshire Partnerships NHS Foundation Trust

Locala

Northern Lincolnshire and Goole NHS Foundation Trust

Work highlights

  • Succeeded in establishing that a compensation claim against the NHS was fraudulently exaggerating the effect of minor injuries – a landmark case, as it was the first time that an NHS Trust has engaged in proceedings of this kind.
  • Successfully advised Mid Yorkshire Hospitals NHS Trust in a case over chronic pain allegedly caused by a negligently performed injection during surgery.
  • Acted for The Mid Yorkshire Hospitals NHS Trust & South West Yorkshire Partnership NHS Foundation Trust in a case relating to the alleged failure to provide appropriate psychiatric treatment to the claimant resulting in a failed suicide attempt.

CMS

CMS has a wealth of experience ranging from inquiries to complex, high-stakes claims and disciplinary work. The firm's specialised defendant clinical negligence and medical advisory/professional discipline and regulatory team is spread across the firm's offices in Sheffield, London and Manchester and deals with cases of national breadth. Chris Horsefield’s leadership and his recognized 'tactics in overall decision-making' assist in the handling of medical and dental claims, his particular specialism.

Practice head(s):

Chris Horsefield

Other key lawyers:

Rachel Cooper

Testimonials

CMS compares favorably with other firms acting for medical defense organisations; the quality of the work is very good.

‘Chris Horsfield is an experienced defendant lawyer with a wealth of experience – he is strong on client relationships and overall tactical decision-making.’

‘Chris Horsefield has a wealth of knowledge and experience and acute tactical acumen.’

Ward Hadaway

Ward Hadaway's Leeds office, while smaller than the firm's Newcastle and Manchester bases, is building up a strong reputation in Yorkshire. The firm is growing its presence in the market on the back of work on cases involving injuries of the utmost severity, including birth injuries and cerebral palsy claims. The firm is a member of the NHS Resolution clinical negligence panel, which provides much of its key work, while risk management is also a particular area of expertise.

Practice head(s):

Jeffrey Keeble; Nicola Richardson

Other key lawyers:

Liz Hackett

Key clients

NHS Resolution

Tees Esk and Wear Valleys NHS Foundation

North-East Ambulance Service NHS Foundation Trust

Lancashire Care NHS Foundation Trust

NHS North Cumbria CCG

South Tyneside NHS Foundation Trust

Cumbria Partnership NHS Foundation Trust

North Cumbria University Hospitals NHS

Gateshead Health NHS FT

Cumbria Partnership & North Cumbria Uni

Newcastle upon Tyne NHS Foundation Trust

Intraining Group Limited

County Durham & Darlington NHS Foundation Trust

NHS Hartlepool & Stockton CCG

NHS South Tees CCG

Northern Life Care Ltd t/a ubu

City Hospitals Sunderland NHS Foundation Trust

NHS Greenwich Clinical Commissioning Gro

Cornwall Partnership NHS Foundation Trust

NHS Durham Dales, Easington & Sedgefield

NHS North of England Commissioning Suppo

University Of Newcastle

Delta Academies Trust

Tyneside Surgical Services Limited

Saint John of God Hospitaller Services

Gainford Care Homes Limited

St. Oswalds Hospice

South London and Maudsley NHS Foundation

Sheffield Health & Social Care NHS Found