David Balcombe KC

Clinical Negligence

“He has superb attention to detail and is able to command the confidence of clients in difficult cases.” “He is extremely thorough on quantum. His negotiating skills greatly added value.” (Chambers & Partners)

Selected Cases

Liability:

• AB v a NHS Trust [2018]: acting for Trust, facing allegation of negligent failure to detect intra-uterine growth retardation and consequent failure to expedite delivery.
• YK v a NHS Trust [2018]: acting for Trust where claimant alleging cerebral palsy resulting from cord prolapse attributable to mismanagement of labour and delivery.
• IM v a GP Practice [2018]: acting for Practice facing allegation of failure to refer Down’s Syndrome patient subsequently found to have atlantoaxial instability necessitating C1/C2 fixation
• XX v a NHS Foundation Trust [2017]: acted for Trust, facing allegation from stroke victim with ‘locked-in syndrome’, that CT scan had been negligently interpreted.
• JR v a NHS Trust [2017]: acted for Trust, facing allegation that Claimant suffered periventricular leukomalacia brain injury due to hypoglycaemia in neonatal period
• VB v NHS Commissioning Board [2016]: acted for elderly Claimant who lost sight following failure to diagnose giant cell arteritis; after proceedings issued secured admission of liability and substantial award.
• Coakley v Rosie [2014]: acted for Defendant general practitioner alleged not to have heeded symptoms of claimant who subsequently lost sight due to meningitis.
• Watson v Ross [2012]: acted for Claimant who alleged surgeon failed to warn re insufficiency of tissue for S-GAP breast reconstruction; case settled on day 2 of trial immediately after Defendant had been cross-examined.
• Mian v King’s College Hospital NHS Trust QBD [2006]: Successfully defended Trust where alleged that there had been negligent investigation and treatment of patient with multi-drug resistant tuberculosis

Quantum:

• BL v a NHS Foundation Trust [2018]: acted for Trust; Claimant with severe four limb cerebral palsy and cognitive difficulties claiming provision worth c. £15 million; settled at RTM
• AAX v Nottingham University Hospitals NHS Trust [2018]: acted for Trust; Claimant, with significantly impaired cognitive function rendering him incapable of independent living but with life expectancy not reduced, claiming provision worth c. £21 million; settled at RTM.
• SX v University Hospitals of North Midlands NHS Trust [2017]: acted for Trust; adult Claimant with impaired cognitive abilities as a result of brain damage at birth, claiming £18.5 million; settled shortly before trial.
• XX v Calderdale & Huddersfield NHS Foundation Trust [2017]: acted for Trust; Claimant with severe whole body spastic/dyskinetic cerebral palsy claiming provision worth £11.3 million. Settled after RTM.
• XLJ v Royal Surrey County Hospital NHS Foundation Trust [2016]: acted for Trust; Claimant with moderately severe cerebral palsy resulting in spastic diplegia, sensori-neural hearing loss, cognitive impairment and significant development delay; settled at RTM; award worth £9.5 million.
• ABC v Great Ormond Street Hospital for Children NHS Trust [2014]: acted for Trust; as result of severe meningococcal septicaemic illness in infancy Claimant had been obliged to have amputations of both his legs and 4 digits on his right hand. Very substantial sums being claimed for state of the art prosthetic limbs, to be sourced from USA.
• Massey v Tameside & Glossop NHS [2007]: acted for Defendant Trust; trial dealing with variety of quantum issues (especially valuation of past care, and future care regimes) in claim brought by child suffering from dyskinetic cerebral palsy.

Speaking Engagements

• “How to find your way through the ‘material contribution’ maze” – talk given in conjunction with John Gimlette, in November 2017.