Clinical Negligence

What is Clinical Negligence?

Clinical negligence, also known as medical negligence, describes a situation where a healthcare professional has breached their duty of care to the patient which has directly resulted in injury, or fatality, for the patient. A clear, causal relationship must be established for a medical negligence claim to be considered.

Do I Need a Personal Injury and Clinical Negligence Barrister?

If you are looking to file a clinical negligence claim, or if you are being investigated for clinical negligence, it is highly advised to seek legal guidance from a specialist personal injury and clinical negligence barrister. Our medical negligence barristers at St Pauls Chambers are well-versed in a wide variety of medical negligence areas. The earlier you appoint a clinical negligence barrister, the best chance you have of securing a positive outcome.

Who Can Hire a Personal Injury and Clinical Negligence Barrister?

The team of medical negligence barristers at St Pauls Chambers are able to represent patients and healthcare professionals, including doctors, nurses, midwives, dentists and cosmetic surgeons. In the instance of a fatality caused by medical negligence, the next-of-kin can take legal action.

• If you are a patient, you can hire a personal injury and clinical negligence barrister up to three years after the incident occurred or from when you realised the damage done.
• If you are claiming in the case of a fatality, you have three years from the date of death to hire a clinical negligence barrister.
• If the incident happened to you as a child, you have until your 21^st birthday to file a claim and seek the advice of a medical negligence barrister.

What Can Medical Negligence Barristers Advise On?

There are many examples of medical negligence which an experienced clinical negligence barrister should be able to advise you on. Examples include:

• Surgical negligence, such as infection caused by unsterilised equipment
• Birth injuries, such as failure to perform a caesarean section
• Misdiagnosis, such as failure to conduct appropriate scans
• Medication errors, such as prescribing the wrong drug

Clinical Negligence Barristers in Our Personal Injury Team

St Pauls Chambers has a selection of personal injury and clinical negligence barristers with various levels of experience.

Personal injury and clinical negligence barrister, Simon Myerson QC, acts for Claimants and Defendants in numerous cases. Reported examples include:

• M v Calderdale and Kirklees Health Authority (formerly West Yorkshire Health Authority) [1998] Lloyd’s Rep Med 157 (Health Authority’s delegation of care of patient under S1 NHS Act 1977)
• Bancroft v Harrogate Health Authority [1997] 8 Med LR 398 (Causation in cervical cancer)
• Burke v Leeds HA [2001] EWCA Civ 51 (what constitutes negligent advice in clinical care)

Robert Smith Experience in Clinical Negligence Law

Robert Smith practises in the field of personal injury and medical negligence. Robert has undertaken work in a wide range of clinical negligence cases, including claims against hospital trusts for negligent obstetric treatment at childbirth and failure to diagnose in orthopaedic treatment. He has successfully defended actions brought against physiotherapists for alleged negligent treatment.

Robert regularly acts in cases involving very significant injury, including brain injury, both individually and being led.

Robert acted as a personal injury and clinical negligence barrister for a Claimant in a claim arising out of a negligently performed bowel surgery. Causation and quantum were disputed. At JSM the claim was settled for a lump sum payment of £750,000 together with a PPO of £120,000 per annum for life.

Expert Medical Negligence Barristers

St Pauls Chambers have a highly experienced and confident team of medical negligence barristers who can navigate the complexities of medical negligence cases. If you are seeking a personal injury and clinical negligence barrister, please contact us today.