Jim Duffy

Clinical Negligence

Jim has a wide-ranging clinical negligence practice for both claimants and defendants. He is currently instructed in a number of claims brought by children in relation to the late diagnosis of congenital hip dysplasia. He has a particular interest in claims relating to consent. He appeared as junior counsel before the Court of Appeal in ABC v St George’s Healthcare, which concerned the extent of a hospital’s duty to disclose to relatives the existence of a serious genetic disease in a family member.

Selected Cases

• Daley v Dr H and Dr H (2020): Acted for both Defendants in claim relating to delayed diagnosis of cancer.
• JC (2020): Represented Claimant seeking damages for negligent delay in treatment leading to an amputation.
• HH (2020): Acted for Claimant following assault from another patient.
• B (2020): Successfully defended GP surgery in wrongful birth claim.
• CN & GN v Poole BC[2019] UKSC 25: UK Supreme Court considered the extent to which local authorities and their employees owe a common law duty to protect children from harm caused by third parties.
• Appeared (unled) on behalf of an NHS Trust in the trial of a £1m cervical cancer claim.
• ABC v St George’s Healthcare NHS Trust: Acted as junior counsel to Elizabeth-Anne Gumbel QC and Henry Witcomb QC in the Court of Appeal in an important case on consent and confidentiality obligations in relation to genetic conditions.
• Junior counsel for the Defendant in a high value spinal cord injury case.
• Represented an NHS Trust in defending a complex case concerning a failure to detect a cancerous lesion on the brain.
• Defended a GP accused of failing to diagnose a cerebral infarction.
• Advised the claimant on limitation in a claim relating to delayed diagnosis of skin cancer.
• Defended a dentist in a periodontal disease case.