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Jane Tracy Forster

Tel:
Work 020 7643 5000
Email:
Hailsham Chambers (Hailsham Chambers)

Position

Jane specialises in medical law including clinical negligence claims and applications in the Court of Protection relating to the medical care of patients lacking capacity. She is also instructed in claims against solicitors of professional negligence and in diverse employment and disciplinary disputes, usually for the employers. She is also instructed in catastrophic personal injury claims. Major cases include: Clinical negligence: Ackers v Wigan HA [1991] 2 Med LR 232 – first of a series of cases concerning inadequate anaesthesia in caesarean section delivery, which eventually brought about changes in practice in obstetric anaesthesia; Smith v Leicester HA [1998] Lloyd’s Rep Med 77 – permission for case to proceed notwithstanding allegations of clinical negligence in late 1950s; Thurman v Bath & Wiltshire HA [1997] 1 CL 734 – lifelong provisional damages award following cervical smear error, resulting in the development of cervical cancer; Carmon v Page [2000] Clinical Risk v6 no.1 Jan 2000 – negligent failure to diagnose breast cancer; quantum; Purver v Winchester and Eastleigh Healthcare NHS Trust [2007] LS Law Med 193 – cerebral palsy case: proper conduct of trial of forceps; St George v the Home Office [2008] CA – duty of care to prisoners and standard of emergency first aid to be provided – quantum subsequently settled and approved with novel use of periodical payments to fund rented accommodation. ST v Maidstone and Tunbridge Wells NHST [2015] MedLR 70 – Cause of stroke in sick child; expert evidence and use of literature and research data. Employment/disciplinary: Jones v Iceland Frozen Foods [1982] IRLR 439 – definitive case in unfair dismissal, rearrange of reasonable responses available to employer; Harber v NE London Polytechnic [1990] IRLR 198 definition of a week for calculating qualifying periods of employment; Subramanian v GMC [2002] UKPC 64 (Privy Council) procedure at GMC hearings, duty of disclosure, penalty. Personal injury: Garth v Grant and others [2007] RCJ QB – use of new Ogden tables. Court of Protection: DH NHS Foundation Trust v PS (a protected party by her Litigation Friend the Official Solicitor) [2010] 2 FLR 1236 and [2010] MedLR 320, Sir Nicholas Wall P, the exercise of the court’s powers in the best interests of a patient lacking capacity to use force or sedation to achieve her admission to hospital for life-saving cancer surgery; A NHS Trust v DE and others [2013] 3 FCR 343: [2013] Med LR 446: (2013) 133 BMLR 123, Eleanor King J, ordering a vasectomy to be performed as in the best interests of a man lacking capacity to consent to surgery or to contraception but possessing capacity to engage in sexual relations.

Career

Called 1975, Inner Temple.

Member

Professional Negligence Bar Association; Personal Injuries Bar Association; Employment Law Bar Association.

Education

LLB (Hons).


London Bar

Clinical negligence

Within: Clinical negligence – Leading juniors

Jane Tracy Forster - Hailsham ChambersA very experienced junior, approachable and knowledgeable.

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