Medical Law and Clinical Negligence

13 KBW are established chambers, with a membership large enough to attract and retain high calibre practitioners, but sufficiently small to maintain personal contact with professional clients. Our breadth of experience in civil and criminal litigation, combined with our specialist expertise and advocacy skills, allows us to provide a range of individuals with the appropriate level of expertise.

Our team possesses acknowledged skills and experience in all areas of medical law. We work closely together to further our aim to provide excellent service to all our clients. This allows our professional clients to select the right person for the case and enables us to provide a high-quality efficient and cost effective service. This includes ensuring that our more junior members always have access to the expertise and assistance of their senior colleagues.  Deirdre Goodwin is mentioned in 2007 Chambers and Partners as a leader at the Bar in Clinical Negligence and Dr Martina van der Leij practised as a Clinical Scientist before coming to the Bar.

For details of the April 2010 Update please click here

For details of the May 2010 Update please click here

The team has been involved in leading cases:

Hotson v East Berkshire AHA (1987) AC 750 H.L, (whether damages are recoverable for loss of a chance of good recovery).

Bolitho v City & Hackney Health Authority (1997) W.L.R H.L. p1151 (a definitive ruling on the interpretation of a 'responsible body' within the Bolam test, and the application of this test to acts of omission and causation).

Newton (1998) PMILL (£100,000 damages awarded for parental PTSD for death of child suffering from cerebral palsy following 'sleep' therapy);

Mansell v Pembrokeshire AHA (1998) (then record £3.28m damages awarded to a child with cerebral palsy following intra partum asphyxial brain damage, partially structured with two Special Needs Trusts, one relating to property to allow for parents' equity);

Langer v Oxford HA (October 1998) (£1.855m damages awarded to a child with cerebral palsy with establishment of a Special Needs Trust effecting considerable tax savings;

Guy v Birmingham HA (pre-Macfarlane) (£500,000 for mother of Down's syndrome child where negligent ante-natal testing for congenital abnormality);

Das v Ganju (CA) Times 4.5.99 (consent to proceed 18 years after cause of action with claim for birth of baby with congenital rubella);

Chouhdry (2000: 26 year old athetoid cerebral palsy after birth asphyxia. Claim brought & settled within 18 months at £1,990,600);

Thompson v Sheffield Fertility Clinic (Medical Litigation, November 2000) Contractual breach: three embryos replaced instead of the two specifically agreed between the parties);

D v G (September 2000: £4m for C2 level non-traumatic tetraplegia resulting from clinically contra-indicated cervical angiogram. Settlement included sum in respect of punitive costs and interest under CPR Part 36.21 following D's failure 12 months earlier to accept Claimant's £3m Part 36 offer);

Sargeant (March 2001: £1.5m (damages significantly discounted to take account of the dispute on causation - private trust established);

Suckling [April 2002] £1.775m (life expectancy 27 years; all care family only, partially structured);

Harding (November 2002: 'bottom up' structured settlement of £700k lump sum + £75k p.a - equivalent to £3m lump sum discounted 25% for significant litigation risk);

Erb's palsy claims - several settlements in excess of £100,000 and some in excess of £250,000

Cox v Hockenhull (1999) 3 All ER 577 (a fatal accident case, where the deceased wife was previously disabled and entirely dependent on State Benefits);

Kearney v East Dorset Health Authority [1995] (national press coverage for claimant who underwent caesarian without anaesthetic).

Our team comprises the following Counsel, whose detailed Curriculum Vitae can be obtained on request by emailing clerks@13kbw.co.uk :

Alexander Dawson (1969) has experience of all aspects of common law, specialising particularly in personal injury litigation, and clinical negligence for both claimants and defendants.

Deirdre Goodwin, (1974) specialises in clinical negligence and personal injury, especially catastrophic injury claims arising from traumatic or acquired brain damage. She also lectures to health professionals on clinical issues and medical ethics.

Paul Reid (1975) has considerable experience of child abuse cases in the Crown Court and child related cases in the civil courts. Recently represented father accused of shaking baby daughter thereby causing typical "shaken baby syndrome" injuries including sub-dural haemorrhaging. Charged with causing grievous bodily harm with intent. Also represented him in the care proceedings in the High Court.

Andrew Pote (1983) deals in his family and criminal practice with many cases which involve: allegations of physical, sexual and emotional abuse of children and adults; mental health aspects; and the inherent jurisdiction of the High Court in adult incapacity. He was formerly a visiting lecturer at the University of Hertfordshire on "Dealing with Mentally Disordered Offenders" and was a member of the Home Office Best Practice Group on this topic in the 1990s. He is a member of the Oxford Medico-Legal Society.

Sinclair Cramsie (1988) covers a wide range of common law areas, with a particular specialisation in both claimant and defendant personal injury and clinical negligence work.

Christopher Mann (1998) deals with personal/fatal injury and clinical negligence matters.

Clare Harrington (1998) Solicitors have commented upon her ready grasp of complex legal and medical issues as well as her excellent rapport with clients.

Sarah Lippold (1999) is developing a specialism in personal injury and clinical negligence matters. She has a particular interest in educational law where this involves children under a disability and is currently obtaining accreditation as an IPSEA representative in SEN Tribunals.

Martina van der Leij (2001) came to the Bar after a number of years working as a research scientist, including 2 years as a clinical scientist on pharmaceutical trials. She is developing her medical law practice and has recently been instructed in cases involving negligent prescription of medicines and dental negligence.  She also has experience doing inquests into deaths related to medical treatment.  She acts for both Claimants and Defendants

 

ADR
We actively encourage ADR and have already participated in formal mediation of claims. We welcome the new initiative for mediation training in Clinical Negligence cases and team members will be taking advantage of the new CEDR/PNBA training initiative later this year. We are acutely aware of the emotional and costs implications of pursuing a case to Court and do not shy away from settlement discussions: indeed a number of our members have gained a well-earned reputation as tough negotiators.

Periodical Payments
We have been involved in the allocation of damages awards in a number of large claims between lump sum payments and annual Periodical Payments.  With the advent of the new Court of Protection regime in 2007 we anticipate that Periodical Payments orders will become the norm in large claims and welcome the versatility, scope and peace of mind for clients that such Orders can achieve particularly if the current appeals inThompstone, Corbett and RH result in ASHE 6115 indexation of care costs as opposed to the s.28 Damages Act 1996 ‘norm’ of RPI.

Multi-disciplinary approach
We pool our knowledge to provide a multi-skilled input into those cases that span different specialisms. Thus, in baby-shaking cases we have the skills of our criminal practitioners in prosecuting and defending these claims, the family members involved in the custody disputes and the clinical negligence civil practitioners who conduct the subsequent CICB and damages claims. We are also instructed in education issues including 'statementing' cases under the 1993 Education Act.

Conditional Fee Agreements
All members of the Medical Law team are willing to accept instructions under Conditional Fee Arrangements. As a matter of course we use the APIL/PIBA model agreement, although we recognise that minor variations may be appropriate in particular cases.

Solicitors will wish to know that all members of the Medical Law team subscribe to our internal agreement covering Conditional Fee work. Full details are available on request but the major features are as follows: each new case is vetted by another member of the team of appropriate seniority in addition to counsel instructed; if the barrister briefed is not available, the vetting barrister agrees to take the brief on the same terms, subject to availability. In this way, instructing solicitors and lay clients have the security of knowing that each conditional fee case has been considered at the outset by two members and that, so far as possible, they will not be left to seek alternative representation should their first choice of counsel be unavailable.

Monthly Case & Practice Update

The Personal Injury and Medical Law Teams produce a free monthly Case Law and Practice Update with summary and comment on recent cases and developments in these rapidly expanding areas of law. written by with contribution from members of the Teams.

Practice and Procedure papers include :

  • Summary and Overview of Preliminary Report of Sir Rupert Jackson's Civil Litigation Costs Review click here
  • Corporate Manslaughter and Corporate Homicide Act 2007 click here
  • Ogden Tables, 6th Edition click here
  • Civil Procedure Rules (Amendment No. 3) 2006 [44th Update including the new Part 36] click here
  • DCA Report on the Responses to the Consultation on the new Court of Protection Rules click here

Casenotes include :

  • INDEXATION - appropriate measure for future periodical care payments:
    • Tameside & Glossop Acute Services NHS Trust v Thompstone & Others [2008] EWCA Civ 6, Court of Appeal, Swift J - Periodical Payments indexation in which the Trust's' appeal to the House of Lords has been abandoned click here
    • Thompstone v Tameside & Glossop Acute Services NHS Trust [2006] EWHC 2904 (QB), Swift J - Periodical Payments indexation - decision upheld on appeal click here
  • Crofton v NHSLA [2007] EWCA Civ 71- whether assessment of personal injury damages should take account of ‘direct payments’ by Local Authorities click here

If you would like to be included on the mailing list for this update, please contact our senior clerk Kevin Kelly or Deirdre Goodwin


Seminars:

  • For details of future seminars, please contact Kevin Kelly

 

 


Our Chambers' policy is to carry out our daily business without direct or indirect discrimination on grounds of race, ethnic origin, gender, sexual orientation, age, marital status, disability, religion or political persuasion.

THE MEDICAL LAW TEAM

Practice Leader: Deirdre Goodwin 1974

The initial point of contact is the senior clerk, Kevin Kelly. As a team, we aim to provide an excellent, seamless and prompt service to all our clients and when junior members are instructed, the professional client automatically has the benefit of the expertise of other senior members of the team. We work closely together, meeting frequently to discuss the developments in this dynamic field and to pool our knowledge.