Clinical negligence: defendant in London

Capsticks LLP

The team at Capsticks LLP is co-led by Peter Marquand and Catherine Bennett, and also fields such seasoned names as Philip Hatherall. It has been on the NHS Resolution’s ‘Clinical Negligence Scheme for Trusts’ panel since 1995 and on its ‘Clinical Negligence Scheme for General Practice’ panel since 2019. The workload consists of high-value, complex, multi-party claims involving such issues as birth injury, brain injury, cerebral palsy, spinal injury and wrongful birth. The team’s ethos is to aim for non-contentious resolution. The group’s high profile Covid-related mandates, wherein it is defending proposed breaches of duty at the height of the pandemic, are novel as to their circumstances and, as such, of national interest and likely to influence future case law, once settled. Majid Hassan leads a sub-team which is focused specifically on medical malpractice, representing insurers in claims brought against private surgeons, clinics and hospitals. Tamara Knight is a recently appointed partner with an impressive caseload.

Responsables de la pratique:

Peter Marquand; Catherine Bennett

Autres avocats clés:

Ed Mellor; Cassius Box; Majid Hassan; Anna Walsh; Rebecca Richardson; Gerard Aston; Helen Thackwray; Georgia Ford; Tamara Knight; Charlotte Millar; Ruth Day; Charlotte Rathbone

Les références

‘They are one of the top defendant clinical negligence firms in the country. The department is extremely well led by Peter Marquand who is an outstanding lawyer. They have great strength-in-depth and are very experienced.’

‘Majid Hassan is a kind and thoughtful leader of his team, and is a shrewd judge of the merits of a case. He is ably assisted by Ed Mellor, who is conscientious and thorough. Cassius Box is also well known to me, a likeable and extremely sensible litigator.’

‘I have been particularly impressed by Helen Thackwray who handles complex cases involving international elements with commendable efficiency.’

Principaux clients

NHS Resolution

Imperial College Healthcare NHS Trust

BRIT Insurance

James Paget University Hospitals NHS Foundation Trust

London Ambulance Service NHS Trust

Frimley Health NHS Foundation Trust

MDDUS

Newline Group

Axis Capital

Beazley Group

Epsom & St Helier University Hospitals NHS Trust

Croydon Health Services NHS Trust

Principaux dossiers

  • Assisting NHS Resolution from inception with its flagship Early Notification Scheme to rapidly investigate and, if appropriate, provide interim financial support for children who have suffered avoidable and often devastating birth injuries.
  • Representing Bedfordshire Hospitals NHS Foundation Trust in the Covid-19 inquest into the death of Mary Agyapong, a pregnant member of its nursing staff.
  • Representing a number of trusts in connection with a suite of claims based on Covid-19 issues regarding the appropriate standard of care in the exceptional circumstances created by the pandemic.

Clyde & Co

The team at Clyde & Co is led by the ‘tenacious and determined’ Claire Petts. It continues to act for the NHSR panel, and work stemming from this client has grown significantly with the panel’s recent re-shuffle. The team’s practice is complex and values are typically in the millions; claims including wrongful birth, brain injury in adults and children, spinal injury and orthopaedic injury form the core of the workload. In addition, the team is experienced in defending a range of complex and sensitive mental health claims, including assessment of the duty of care owed in immigration facilities. As of July 2022, the team has grown significantly, having merged with BLM, who themselves had a complex and often cross-jurisdictional caseload. As part of this merger, the team has notably gained industrial disease expert Michelle Penn . Senior associate Ben Shoebridge, described as ‘punching above his weight’, is one to watch in the team. Legal director Sam Holden is another key contact.

Responsables de la pratique:

Claire Petts

Autres avocats clés:

Rob Wilson; Ben Shoebridge; Sian Fisher; Vanessa Splaine; Sarah Wood; Ella Partner; Sam Holden; Paula Jefferson; Claire Collins; Nigel Lock; Michelle Penn

Les références

‘Rob Wilson and Claire Petts are both extremely able and experienced.’

‘Strength in depth, with unrivalled knowledge of the sector.’

‘Claire Petts is a tenacious and determined lawyer with nerves of steel, who is not afraid of a fight.’

Principaux clients

Berkshire Hathaway International Insurance Ltd

Medical Protection

RSA

NHS Resolution

MDDUS

Premium Medical Protection

Zurich

Hempsons

Mary Menjou, described as having ‘unrivalled experience’ in this field, leads the clinical negligence offering at Hempsons. The team continues to act for the NHSR panel in this area, an its workload consequently includes multi-faceted claims, often involving miscarriage mismanagement; brain and psychiatric injury; birth, spinal and dental injury; general surgerical issues or negligence to perform surgery; and catastrophic injury. Gautam Chawla is described as a ‘fantastic litigator, with brilliant intellect and outstanding medical knowledge’. Another notable team member is ‘outstanding’ associate Kristy Harkett, who has an impressive caseload, and is gaining experience dealing with complex mental health matters. The group is also able to benefit from the presence of seasoned practitioners, who continue to enjoy outstanding reputations in the market; John Holmes is just one such example.

Responsables de la pratique:

Mary Menjou

Autres avocats clés:

Bertie Leigh; Kristy Harkett; Catherine Melia; Elizabeth Thomas; Laura Scott; Christine Rowan; Amy Moylan; Harjit Talwar; Nigel Wood; Heather Pearson; Jessica Neary; Gautam Chawla

Les références

‘Hempsons are acknowledged heavy-hitters in the field of healthcare law, led for many years by the legendary and irrepressible Bertie Leigh. They have an outstanding reputation and continue to provide excellent service to medical defence organisations, as they have done for many years. They set high standards that they consistently meet year on year.’

‘Kristy Harkett is outstanding. She always goes the extra mile for her clients and has great judgment both in relation to the law and tactics.’

‘I consider Hempsons to be one of the most solid NHSR panel firms and high-ranking clinical defence solicitors. Their resources are second-to-none in London and they have a solid team of motivated, experienced lawyers who obtain excellent results.’

Principaux clients

NHS Resolution

Kennedys

The ‘truly impressive’ clinical negligence offering at Kennedys is led by Christopher Malla, who has recently been chosen by the NHSR to advise on the strategic management of claims arising from Covid-19; he is described as the most impressive and dedicated partner in this area’. The firm has a strong global reputation for its international healthcare practice. Private healthcare lead Nico Fabri manages multi-jurisdictional schemes for a leading international insurer. The London team acts for a range of public and private bodies, including the NHSR panel, as well as private clinicians, private hospitals and their insurers. Its workload takes in the full spectrum of claims, which are often multiparty and multijurisdictional, and touch on issues relating to catastrophic, spinal, orthopaedic and birth injury; failure to diagnose and unnecessary surgeries; and psychiatric injury. In addition, the team is regularly involved with the production of analytical reports for trusts, with a particular focus on midwifery, obstetrics, neurosurgery and emergency medicine - Ed Glasgow is particularly involved in this risk management work.

Responsables de la pratique:

Christopher Malla

Autres avocats clés:

Nico Fabri; Ed Glasgow; David Froome; Claire West; Lauren Packer; Matthew Bebb; Irene Taylor; Louisa Moore; Daniel Freeman

Les références

‘A truly impressive team. The associates are excellent and the partners are first-rate. There is excellent supervision and the partners are fully involved in the cases that are being run by their team. Kennedys offer an excellent service to their clients. They give realistic and pragmatic advice. They know when to settle a claim and when not to.’

‘Christopher Malla is, in my view, the most impressive and dedicated partner in this area. He is innovative and can always see the big picture. He has excellent relationships with his clients and claimant lawyers which he deploys in his clients’ interests. Very good on detail and wonderfully supportive to his junior colleagues. Ed Glasgow is an excellent lawyer and a delight to work with.’

‘Christopher Malla is top notch, very bright, easy to work with, wise and knowledgeable; Ed Glasgow is delightful, with sound judgment; Irene Taylor is a hugely experienced and hardworking former nurse.’

Principaux clients

NHS Resolution

Royal Surrey County Hospital NHS Foundation Trust

Royal Berkshire Hospital NHS Foundation Trust

Mid & South Essex Hospitals NHS Foundation Trust

Barts Health NHS Trust

King’s College Hospital NHS Foundation Trust

North East London NHS Foundation Trust

Princess Alexandra Hospital NHS Trust

Cambridge University Hospitals NHS Foundation Trust

Bedfordshire Hospitals NHS Foundation Trust

East Suffolk & North Essex NHS Foundation Trust

The Queen Elizabeth Hospital King’s Lynn NHS Foundation Trust

West Hertfordshire Hospitals NHS Trust

Medway NHS Foundation Trust

Medway Community Healthcare

South East Coast Ambulance NHS Foundation Trust

Sussex Partnership NHS Foundation Trust

MPLC

Allied World

CNA Hardy

Spire Healthcare

Ramsay Health Care

Nuffield Health

KIMS Hospital

Parkside Medical Centre

Spectrum Community Health CIC

Wiltshire Health & Care

Principaux dossiers

  • Instructed to provide general advice in the management and co-ordination of civil claims arising from the Covid-19 pandemic.
  • Instructed to advise on new ADR initiative, ‘Fast and Fair Resolution’, with the aim of achieving early resolution quickly and efficiently.
  • Defending a complex case for an insurer, in which strategy needed to be negotiated with the co-defendant before putting best arguments forward to the claimant.

Bevan Brittan LLP

The ‘first class’ Joanne Easterbrook leads the clinical risk team at Bevan Brittan LLP. As well as NHSR panel work, the team acts for an increasing number of private medical malpractice insurers and healthcare providers, and has a growing body of international work. The claims it defends include complex and high-value spinal injury, amputation and birth injury. In addition, it is establishing a specialism in areas concerning cosmetic and aesthetic medical malpractice work, and fertility claims arising from both public and private clinics. Notably, partner Dan Morris acted in the landmark Supreme Court case of Whittington Hospital NHS Trust v XX, which concerned recoverable damages and international surrogacy arrangements. ‘Superstar’ Penelope Radcliffe has been at the forefront of some of the team’s key secondary victim cases in the last year, and is developing an expertise in this area.

Responsables de la pratique:

Joanne Easterbrook

Autres avocats clés:

Julie Charlton; Penelope Radcliffe; Esther Evans; Verity Danziger; Catherine Radford; Dan Morris; Elena Goodfellow

Les références

‘At least 20 years of experience as an NHS-appointed firm, with expertise and experience across the whole range of healthcare law, outstanding partners and associates. At the top of their game on knowledge of medical law and practice, efficiency and innovation, pioneering new methods of case investigation and providing an outstanding overall service to the NHS.’

‘Julie Charlton, Joanne Easterbrook and Penelope Radcliffe are all first class. Their calm, helpful preparation, their knowledge of medical and legal issues, interest in the subject and sensible approach to decisions about fighting or settling cases are all excellent, as are their sensitive attitudes to and understanding of claimants’ needs and objectives. The partners are backed up by associates and trainees who all bear the Bevan Brittan hallmark of calm and knowledgeable efficiency.’

‘In London, Bevan Brittan has an excellent relationship with a number of NHS trusts, medical defence organisations and private hospital groups and specialises in medical liability and regulatory cases involving doctors, dentists, and other health professionals. It provides, I believe, an excellent service to each.’

Principaux clients

NHS Resolution

MedPro

The Royal Free London NHS Foundation Trust

Guys & St Thomas’s NHS Foundation Trust

Royal Free London NHS Foundation Trust

C.N.A Hardy

St George’s Healthcare NHS Trust

Mid & South Essex NHS Foundation Trust

Homerton Hospital NHS Foundation Trust

Whittington Health NHS Trust

West London Health NHS Trust

South London & Maudsley NHS Foundation Trust

Berkshire Hathaway

Allied World Assurance Company

Allianz

States of Jersey

Kent & Medway NHS & Social Care Partnership Trust

West London NHS Trust

Principaux dossiers

  • Represented the defendant in a £4m spinal injury claim wherein there was an alleged failure to correctly identify that the claimant’s pain was neuropathic and an alleged failure to obtain informed consent because the risks were not set out properly and alternative treatment options not offered.
  • Represented the defendant in a claim alleging that there was a failure to advise the deceased appropriately on all possibilities and risks of their aortic valve enlargement procedure.
  • Represented the defendant in a sensitive and tragic case wherein the claimant was seeking ‘secondary victim’ damages in the sum of £10m for psychiatric injury and alleged consequential loss of work caused by the death of his 4-day-old son, who suffered a fatal hypoxic brain injury during his birth.

DAC Beachcroft LLP

The London-based clinical risk team at DAC Beachcroft LLP is co-led by team members who work in various offices, namely Simon Perkins, Simon Wortley, Rachel Roberts-Jenkins, David Roberts and Nigel Montgomery; the last of these names regularly advises on patient safety and triangulation, as well as on issues relating to consent. The national team is one of the largest in the country, and is consequently able to act on large scale class actions, including the ongoing vaginal mesh product case, as well as being the metal-on-metal hip actions. It acts for such notable clients as the NHSR and the MDU. Claims it defends often involve such complex issues as cerebral palsy, birth, orthopaedic and spinal injuries, and fatal accidents.

Responsables de la pratique:

Simon Perkins; Simon Wortley; Rachel Roberts-Jenkins; Nigel Montgomery; David Roberts

Principaux clients

NHS Resolution

The Medical Defence Union

Dental Defence Union

NHS England

University Hospitals Dorset NHS Foundation Trust

Great Western Hospitals NHS Foundation Trust

WRB Underwriting

Care UK

Schoen Clinic UK

Elysium Healthcare Ltd

Circle Healthcare Group

HCA International Limited

Schoen Clinic UK

Florence Nightingale Hospital

Insurance Corporation of the Channel Islands

MS Amlin

Allied World Assurance Company

Zurich

Beazley

Royal Sun Alliance

CNA Hardy

Hospital of St John and St Elizabeth

Evodental

AMMA Assurance (Belgium)

Medical Professional Liability Company (MPLC)

Intereurope AG

Teladoc UK Ltd

Greater Manchester Mental Health NHS Foundation Trust

NHS England/Improvement

Liverpool University Hospitals NHS Foundation Trust

NOE CPC

Hill Dickinson LLP

The ‘highly respected’ Janet McWhinney and the ‘unrivalled’ Rebecca Hunt co-lead the London-based Hill Dickinson LLP health litigation team. Its caseload spans such complex issues as alleged failure to diagnose, negligence in anaesthetics, issues in orthopaedic surgery, and birth injury, often coalescing with mental health issues and catastrophic injury. The value of these cases often reaches well into the millions. In 2021, the team successfully defended a landmark application by a claimant to bring a birth injury claim for the second time. Legal director Rohana Abeywardana specialises in maximum severity matters and works closely with the NHSR.

Responsables de la pratique:

Janet McWhinney; Rebecca Hunt

Autres avocats clés:

Iwan Thomas; Clifford McCormack; Amy Moylan; Rhiannon Martin; Lydia Shelton; Luke Knowles

Les références

‘Rebecca Hunt’s experience is unrivalled and she has a very down-to-earth and sensible approach to managing complex cases. Senior associate Iwan Thomas is a bright lawyer who is proactive and very efficient.’

‘Janet McWhinney is highly respected and has huge knowledge of this area. Clifford McCormack is detailed and thorough.’

‘The team is well connected and cohesive. They are on top of legal developments and at the forefront of their field. They have a practice which spans the UK.’

Principaux clients

NHS Resolution

Medical Protection Society

CNA Hardy

Beazley Group

Liverpool University Hospitals NHS Foundation Trust

Northern Care Alliance (Salford Royal NHS Foundation Trust and Pennine Acute Hospitals NHS Trust)

Barking, Havering and Redbridge NHS Trust

NHS England

St Helens and Knowsley Hospital NHS Foundation Trust

Oxford University Hospitals NHS Foundation Trust

Principaux dossiers

  • Secured discontinuance on a complex and high-value claim at an early stage.
  • Reduced the value of a claim by reference to non-compliance with the CPR.
  • Defended a claim, using some evidence sourced on social media, resulting in a pre-trial discontinuance.

Weightmans LLP

The Weightmans team, which is led by Rachel Kneale, was boosted by the firm’s merger with RadcliffesLeBrasseur in March 2022. The team’s caseload regularly sees it defending claims in court, though the team does also have a reputation for its expertise in mediation and ADR. It acts cases in the multi-millions, involving catastrophic birth injury and cerebral palsy, obstetric, psychiatric and dental injury, as well as delayed treatment. The ‘hugely knowledgeable’ Warren Forsyth leads the GP-focused sub-team, dedicated to handling GP claims, often with multi-defendant components. ‘Fantastic‘ legal director Isobel Michie is also recommended.

Responsables de la pratique:

Rachel Kneale

Autres avocats clés:

Warren Forsyth; Isobel Michie; Paul Thomson; Nicola Shand; Peter Cutler; Sonia Morgan

Les références

‘Paul Thomson is very able and experienced, as is the firm, which has a deserved reputation as one of the best defendant clinical negligence firms.’

‘The team’s junior lawyers are thorough and investigate cases appropriately.’

‘The clinical negligence team at Weightmans is superb. Its solicitors have a very good grasp of their cases. Everyone is pleasant to deal with and I think Weightmans produces excellent outcomes for its clients.’

Principaux clients

Maidstone and Tunbridge Wells NHS Trust

East of England Ambulance Service NHS Trust

Royal Orthopaedic Hospital NHS Trust

My Dentist/International Dental Holdings/White Cross Dental Care Ltd

Chelsea and Westminster Hospital Foundation NHS Trust

Camden and Islington NHS Foundation Trust

Public Health England

Browne Jacobson LLP

The Browne Jacobson LLP team is led by the ‘brilliant’ Matthew Trinder. The London team was established in 2017, and has recently been appointed to the NHSR panel for all work types. It has a growing reputation for its specialism in defending complex claims involving matters including obstetrics, GP indemnity, mental health, emergency and ambulance services, spinal and dental injury, and private medical malpractice cases; its ethos is early resolution. Its recent caseload has been particularly noteworthy, with Trinder leading on a medical malpractice case of the largest NHS England patient recall to date, which the team successfully defended at appeal.

Responsables de la pratique:

Matthew Trinder

Les références

‘Browne Jacobson have a good team who run an efficient and experienced ship.’

‘Matthew Trinder handles the largest quantum cases for the NHS. He has an unfailing eye for detail.’

‘A good combination of technical expertise and commercial sense.’

Principaux clients

The Doctors Laboratory

BMI Healthcare/Circle Health Group

NHS Resolution

Hiscox

CNA Hardy

Medical Protection Society

Mid & South Essex NHS Foundation Trust

Barking Havering & Redbridge Hospitals NHS Trust

Dental Protection Ltd

Markel

Zurich

Gallagher Bassett

Lundbeck A/S

The Gynae Centre

Principaux dossiers

  • Secured the dismissal of a group claim made by 473 patients after the largest ever patient recall by NHS England.
  • Represented NHS Resolution and The Royal Wolverhampton NHS Trust in a successful Court of Appeal case which has consequences for secondary victim claims in clinical negligence contexts.
  • Acting in a case which requires the defendant to establishing that the court has jurisdiction to make an order and that it would be in the interests of justice in a case of this nature.

RPC

Dorothy Flower leads the medical and life sciences team at RPC. The team has experience defending group action claims, as well as those with cross-jurisdictional elements. It also has a reputation for its insurance expertise. The firm advises its clients on cases involving alleged negligence in reproductive healthcare and fertility services; the clinical trial and pharmaceutical industry; the incorrect administration of medication; mental health and psychiatric injury cases; and the duty of care owed in various facilities during the Covid-19 pandemic’s height. In particular, the team has recently defended a novel case involving a paediatric patients’ data leak, as well as acting on a high profile case concerning alleged failure to diagnose a premiership footballer’s knee injury.

Responsables de la pratique:

Dorothy Flower

Autres avocats clés:

Sian Morgan; Emma Kislingbury; James Davies; Florence Page

Les références

‘Incredibly knowledgeable team across the board.’

‘Sian Morgan, Emma Kislingbury, James Davies – all three are meticulous, extremely knowledgeable and provide a first-class service to their clients.’

‘They have an experienced team who are very knowledgeable about the law and have good understanding of medical practice. They keep us informed of any developments and give clear legal advice.’

Principaux clients

Spire Healthcare plc

Royal Sun Alliance

QBE

AXIS

Royal Hospital for Neuro-Disability

MYA Cosmetic Surgery Ltd

Chubb

Corvelia

Enstar

Renaissance Re

CNA Hardy

MS Amlin

Principaux dossiers

  • Acting for a not-for-profit social enterprise, which is commissioned by the NHS to provide urgent healthcare services, on a £700,000 claim.
  • Representing a client at inquest following a fatal injury claim.
  • Defending our client against a breach of duty of care claim concerning a medical evaluation of a premiership footballer.

CMS

Yvonne Screene leads the team at CMS, with former team head Chris Horsefield taking on a consultant role within the team. The group’s workload involves defending on high-value matters; mandates are typically centred around complex matters of alleged negligence in areas including delayed diagnoses leading to lifelong medical issues and failure to investigate unexplained symptoms. Elizabeth-Anne Larsen is a standout member of the team, and is described as having ‘outstanding judgement’.

Responsables de la pratique:

Yvonne Screene

Autres avocats clés:

Elizabeth-Anne Larsen; Christopher Horsefield; Nyree Bichard

Les références

‘CMS provides an excellent service in medical law, acting in a wide range of high-value claims.’

‘In the London office, Yvonne Screene’s work quality is excellent. Her approach is incisive and analytical.’ 

‘The team has a wealth of knowledge and experience in dealing with clinical negligence claims, a genuine presence and a great database of experts.’

DWF

The DWF healthcare litigation team, described as ‘going above and beyond’ for its clients, is under the leadership of Lisa Heathcote, following the departure of Tracy Sell-Peters to Keystone Law in July 2022. The team has a stellar reputation for its extensive experience advising insurers on policy coverage issues, policy wording and regulatory issues. Notably, in 2022, the team gained a place on the NHSR panel. Its workload is broad-ranging, and claims the team defends against involve alleged negligence and breach of duty in areas including reconstructive, cosmetic and general orthopaedic surgery and post-operative care, as well as cases wherein the claimant has developed sepsis, brain injury or spinal injury as a result of the alleged negligence. In May 2022, the firm bolstered its offering with the acqusition of Rosie Shapiro from BLM.

Responsables de la pratique:

Lisa Heathcote

Autres avocats clés:

Sharon Buckham; Will Marshall; Vicki Swanton; Rosie Shapiro

Les références

‘The team’s work ethic is particularly notable. They’re known for always making themselves available, for their frank yet reassuring advice, and for going above and beyond for their client’s needs.’

‘Sharon Buckham is someone who will always make herself available to discuss any issue, be it a complex matter or something less contentious. She’s dedicated to getting the best outcome for her clients – you’re never in doubt that she cares personally about those outcomes.’

Principaux clients

NHSR

MPS

Paragon International Insurance Brokers Ltd

Axis Managing Agency Ltd

Acacium Group

W/R/B Underwriting Ltd

HCA

Alliance Medical Indemnity

Hiscox

Newline Group

Keoghs LLP

Sian Davies helms the ‘very strong’ sport and healthcare team at Keoghs LLP. The team is heavily involved in the niche area of sports and acts for a wide variety of healthcare providers as a result of this specialism, including acupuncturists, emergency responders, nurses and sports therapists. The ‘thorough and determined’ Jason Howarth has a reputation for his expertise in player-on-player, high-value sport injury claims, as well as delayed diagnoses for sports players.

Responsables de la pratique:

Sian Davies

Autres avocats clés:

Oonagh Webster; Jason Howarth; Kieran Pettman; Daniel Meltzer; Jamie Colman; David Bowes

Les références

‘This is a very strong sport and healthcare team, headed by Sian Davies. In matters of clinical negligence, the team are knowledgeable, well-motivated and hard-working. They make realistic assessments of the claims that they deal with, and are highly efficient in the processing of claims.’

‘Sian Davies is an extremely capable leader of the team. She has an extraordinary gift for assessing the prospects of success in a case, and for getting the best deal possible in any negotiations. Other members of the team that stand out are David Bowes, who is focused and hardworking, Jason Howarth, who is thorough and determined, and Oonagh Webster, who is canny and extremely sensible.’

‘The healthcare team at Keoghs provides an incredibly strong offering in terms of reliability, knowledge, experience and service. Under the leadership of Sian Davies, the team works exceptionally well to offer clients advice that is always pro-active, commercially minded and client-centred. The team are always approachable and more than happy to assist with any queries when needed.’

Principaux clients

KIMS Hospital

The Private Clinic of Harley Street

Beazley Group

Transform Hospital Group

Arch insurance (UK) Limited

Nuffield Health

Bourn Hall Clinic

Forensic Archive Ltd