England - West Midlands • Insurance
2

Clinical negligence: defendant

Capsticks LLP

More information
The ‘always helpful’ team at Capsticks LLP has a significant medical malpractice team, and has one of the largest healthcare inquest teams in the country. It is also part of a strong national offering. Out of Birmingham, Charlotte Rathbone works on several complex clinical negligence claims on behalf of NHS Trusts and GPs, on instruction from NHS Resolution. Lucy Erskine specialises in complicated neurological injuries, with particular experience in obstetric and wrongful birth claims. London-based Peter Marquand  is also recommended- he is the national head of department.
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Testimonials

Collated independently by Legal 500 research team.

  • ‘In Birmingham the stand out partner is Lucy Erskine. She is extremely able and a joy to work with.’

  • ‘The team at Capsticks are first rate.  The team are strategic and pragmatic when it comes to managing cases and are really on top of the law.’

  • ‘Sarah-Jayne Martin is really impressive. She was completely on top of all the detail, and was on hand throughout to discuss both factual and legal issues, which were complex. We were successful in getting the case dismissed. ’

  • ’I worked with Alice Eastwood who came across as very thorough, understanding and supportive. I had confidence with the level of knowledge regarding the case.’

  • ‘Capsticks have an excellent healthcare team in all of their offices but particularly the Birmingham location. They have a great rapport with NHSR contacts.'

  • ‘Special mention for Sarah-Jayne Martin and Olivia Banks, whom I have been fortunate to work with. They have been absolutely on top of all of the issues.' 

  • ‘Very knowledgeable in the sector.’

  • 'There is very obvious partner oversight of more junior solicitors, providing useful feedback and further insight, especially in terms of strategy.'

Key clients

  • NHS Resolution
  • Milton Keynes University Hospital NHS Foundation Trust
  • Worcestershire Acute Hospitals NHS Trust
  • Northampton General Hospital NHS Trust
  • Kettering General Hospital NHS Foundation Trust
  • James Paget University Hospitals NHS Foundation Trust
  • East of England Ambulance Service NHS Trust
  • North West Anglia NHS Foundation Trust
  • Bolton NHS Foundation Trust
  • Bradford Teaching Hospitals NHS Foundation Trust

Work highlights

  • Advised NHS Resolution in connection with a claim based on alleged delay in diagnosing / treating cauda equina syndrome. The matter was discontinued by the claimant following the firm's investigations which revealed that they had been fundamentally dishonest regarding the extent of the injuries.
  • Represented NHS Resolution and a trust at the inquest and in the claim concerning the suicide of a vulnerable 21 year old in prison. An article 2 inquest was held before a jury and a civil claim was issued against 4 defendants. Following the inquest the team obtained a discontinuance against its trust client.
  • Represented a trust in a claim made by a litigant in person concerning an alleged breach of the Equality Act 2010 and unlawful detention in failing to organise transport home when the patient wished to self-discharge against medical advice. The team was successful in striking out the claim.

Lawyers

Practice head

Charlotte Rathbone; Lucy Erskine; Peter Marquand

Other key lawyers

Sarah-Jayne Martin; Alice Eastwood; Olivia Banks; Ruth Day