Law Pod UK Ep.204: 3 Essential Clinical Negligence Updates - Aug 2024
Clinical Negligence
In the clinical sphere, he has represented claimants and defendant Trusts and MDO’s in an extremely wide range of complex and high value claims; his experience also extends into inquests / coronial law as well as product liability in the health context.
John has discussed informed consent and how much direction patients actually want (Ep. 64) and the scope of duty to offer alternative treatments (Ep. 165) on our podcast, Law Pod UK.
Selected Cases
- Norman v London Bridge Hospitals & Ors (2021).
- RXW v St. George’s University Hospitals NHS Foundation Trust (2020).
- ABC v York Teaching Hospital NHS Foundation Trust (2020).
- SI v Liverpool Women’s NHS Foundation Trust (2020).
- LAT v East Somerset NHS Trust (2020).
- AB v East Lancashire Hospitals NHS Trust [2019] EWHC 3542 (QB).
- Cerys Clement v Imperial College Healthcare NHS Trust [2018] EWHC 2064 (QB).
- Oliver v North Cumbria University Hospitals NHS Trust [2018].
- FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334 (QB).
- RE v Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB).
- H v Southend Hospital NHS Trust [2017] EWHC 823 (QB).
- McGuinn v Lewisham & Greenwich NHS Trust [2017] EWHC 88 (QB).
- Crossman v St. George’s Healthcare NHS Trust [2016] EWHC 2878 (QB).
- Kelly Marie Simmons v City Hospitals Sunderland NHS Foundation Trust [2016] EWHC 2953 (QB).
- Smith v University Hospitals of Leicester NHS Trust [2016] EWHC 817 (QB).
- Zeb v Frimley Health NHS Foundation Trust [2016] EWHC 134 (QB).
- Tasmin v Barts Health NHS Trust [2015] EWHC 3135 (QB).
- Harman v East Kent Hospitals NHS Foundation Trust [2015] EWHC 1662 (QB).
- FB v Rana et al [2015] EWHC 1536.
- A v East Kent University NHS Foundation Trust [2015] EWHC 1038 (QB).
- Thomas v Curley [2013] EWCA Civ 117.
- Croft v Heart of England NHS Foundation Trust [2012] EWHC 1470 (QB).
- Naraji v Dr. Shelbourne and others [2011] EWHC 3298 (QB).
- Kingsberry v Greater Manchester Strategic Health Authority [2005] EWHC 2253.
- Lillywhite v UCL Hospitals NHS Trust [2005] EWCA Civ 1466.
- Morris v Blackpool Victoria Hospital NHS Trust [2004] EWCA Civ 1294.
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In this clinical negligence claim, Frimley Health NHS Foundation Trust admitted that it had negligently failed to identify, and surgically to correct, a tethered spinal cord by the time that the...
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John Whitting KC, leading Jo Moore, has secured judgment for the Claimant in a high value birth injury claim. The claimant, a young boy (A), suffered severe brain damage, after his birth and his...
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The Shrewsbury and Telford Hospitals NHS Trust has agreed to settle a claim brought by the family of Adam Cheshire, who was born at the Royal Shrewsbury Hospital in 2011. It was alleged that a delay...
1 Crown Office Row awarded Clinical Negligence Set of the Year at the Chambers UK Bar Awards 2022 - Nov 2022
Delighted to take home three awards at the Chambers UK Bar Awards last night, including Clinical Negligence Set of the Year. John Whitting KC was named Clinical Negligence Silk of the Year, and...
1 Crown Office Row shortlisted for five awards at the Chambers UK Bar Awards 2022 - Sep 2022
We are delighted to have been shortlisted for five awards at the Chambers UK Bar Awards 2022: Clinical Negligence Set of the Year Clinical Negligence Silk of the Year - John Whitting QC ...
LawPod UK Ep. 165: A duty to offer alternatives? With John Whitting QC - Jun 2022
Emma-Louise Fenelon speaks to John Whitting QC about the key healthcare law cases of Bolam, Montgomery, the knotty issue of informed consent and the scope of the duty to offer alternative...
Wrongful Birth Claims: Theory, Law and Practice Webinar - Oct 2021
Join a stellar line up of speakers for an afternoon discussing wrongful birth claims, including a case law update, costs and more on 21st October 2021 from 2-5pm on Teams. This event is accredited for...
Family of world famous opera singer brings clinical negligence claim - Oct 2021
The estate of the late soprano Jessye Norman have served proceedings against a private hospital and two doctors in relation to a spinal procedure which she underwent in 2015. Ms. Norman suffered...
1COR Quarterly Medical Law Review – Autumn 2020 – Issue 7 - Feb 2021
Welcome to the seventh issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row. This issue was unfortunately somewhat delayed but covers developments in...
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One Crown Office Row is delighted to announce the reappointment of John Whitting Q.C. to the Welsh Government Panel of Queen's Counsel. The appointment will be for a period of five years, starting...
John Whitting QC and Jo Moore secure eight-figure settlement in birth injury case - Nov 2020
In ABC v York Teaching Hospital NHS Foundation Trust, the Claimant suffered a severe hypoxic ischaemic brain injury owing to the negligent management of a home birth leaving her with profound and...
Impact of Covid-19 on Healthcare Webinar - May 2020
In the first remote event of 2020, three teams looked at the impact of COVID-19. Lizanne Gumbel QC chaired the Claimant team comprised of Isabel McArdle and Matthew Flinn. John Whitting QC...
1COR Quarterly Medical Law Review – Winter 2019/20 – Issue 4 - Mar 2020
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Law Pod UK Ep. 64: Informed Consent – how much direction do patients actually want? - Feb 2019
Following our popular interview with James Badenoch QC on the “doctor knows best” rule of evidence in medical negligence cases, we bring you John Whitting QC. In Episode 64 of Law Pod UK, John...
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This seminar will look at developments in the law relating to vicarious liability following the Paterson Litigation. A hypothetical case study will be debated between a claimant and defendant team of...
Henry Witcomb QC and John Whitting QC in record £37 million clinical negligence settlement - Oct 2018
In 2012, the Claimant, now 6 years old, contracted Herpes Simplex virus at birth, which developed into a brain infection. A two day delay in prescribing and administering the necessary anti-viral...
John Whitting QC instructed by Welsh Government in £50m action - Sep 2018
As one of the Welsh Government's panel of silks, John Whitting QC has been instructed in one of Wales' most politically contentious cases of recent years. It concerns the sale by the Welsh Government...
John Whitting QC wins high profile post natal collapse trial - Aug 2018
John Whitting QC was instructed by Catherine Bennett and Rebecca Young of Capsticks to represent the Defendant Hospital in this high profile case. Cerys Clements was less than an hour old when she...
John Whitting QC successfully defends Leigh Day in professional negligence action - Jul 2018
Following a week long trial in the High Court, Mrs. Justice Andrews dismissed a claim brought by Gabrielle Shaw, a former client of Leigh Day, for damages arising out of the firm's representation of...
The Liability of Private Hospitals and Clinics - Feb 2018
Lessons from the Paterson Litigation: Developments in the law relating to vicarious liability. Dame Christina Lambert chairs a panel of 1COR members who will discuss developments in the law...
John Whitting QC succeeds in application to withdraw admission of liability and to revoke consent order entering judgment - Oct 2016
John Whitting QC was successful in a key High Court case involving City Hospitals Sunderland NHS Foundation Trust in a liability decision of the High Court v Kelly Marie Simmons. Mrs Simmons was...
John Whitting QC in clinical negligence abuse of process strike out - Jul 2016
In Wright v Barts Health NHS Trust [2016] EWHC 1834, the Claimant suffered an accident at work sustaining multiple injuries and was admitted to, and treated at, the Defendant Hospital. He is now a T7...
John Whitting QC strikes out claim by patient’s relatives over missed diagnosis of genetic disorder - Apr 2016
Third party cannot recover damages for a personal injury suffered because of an omission in the treatment of another. On 19th March 2003, NC was seen by a consultant neurologist at the Defendant...
John Whitting QC in successful trial defence of neonatal team - Mar 2016
John Whitting QC appeared for the Defendant Trust in Ali v Pennine Acute Hospitals NHS Trust [2016]. Ismael Ali was born with a congenital malrotation of the bowel. This was not diagnosed until he...
John Whitting QC succeeds in innovative defence of interim payment application - Feb 2016
In Zeb v Frimley Health NHS Foundation Trust [2016] EWHC 134 QB, the claimant in a clinical negligence claim sought to appeal the refusal of Master Cook to award an interim payment on the grounds that...
John Whitting QC successful in pivotal post Montgomery clinical negligence trial - Oct 2015
In Tasmin v Barts Health NHS Trust [2015] EWHC 3135 (QB), the Claimant sustained severe cerebral palsy after a period of acute profound hypoxic ischaemia at the very end of labour. She argued that she...
John Whitting QC argues important quantum of damages principle in High Court - Jun 2015
In Harman v East Kent Hospitals NHS Foundation Trust [2015] EWHC 1662 (QB), John Whitting QC appeared for the Defendant Trust in an assessment of damages hearing in a very high value clinical...
John Whitting QC represents Hospital Trust in successful defence of meningitis claim - Jun 2015
Judgment has been handed down in FB v Rana et al [2015] EWHC 1536, in which John Whitting QC represented the Hospital Trust. FB was a 13 month old child who developed bacterial meningitis and...
John Whitting QC successfully defends Trust in wrongful birth claim and first case to test the scope of Montgomery - Apr 2015
In A v East Kent University NHS Foundation Trust [2015] EWHC 1038 (QB), John Whitting QC appeared for the Defendant Trust. The Claimant argued that, during her pregnancy, she should have been informed...
John Whitting QC instructed as lead counsel in a pioneering product liability action against Novartis Plc - Jan 2015
Instructed by Leigh Day, John Whitting QC is lead counsel in a claim against the drug company Novartis. He is representing Mr Hailer, an elderly former priest, who was left disabled and unable to care...
John Whitting QC in landmark decision by Court of Appeal about doctors’ responsibility for product literature - May 2014
The Court of Appeal has given judgment in Webster v Liddington [2014] EWCA Civ 560 ('the Isolagen litigation'). John Whitting QC led for the MPS and the MDU in this class action. Isolagen was an...
John Whitting QC successfully defends orthopaedic surgeon in claim by professional goalkeeper - Oct 2013
John represented Bhaskar Bhowal, a consultant hand surgeon in a claim by Alex Cisak, the Australian international goalkeeper at championship side Burnley, relating to treatment of a wrist fracture in...
John Whitting QC for the Medical Protection Society in a leading case in the Court of Appeal on the application of res ipsa loquitur in Clinical Negligence - Feb 2013
John Whitting QC represented the MPS in the case of Thomas v Curley [2013] EWCA Civ 117'. In this case the Claimant suffered an injury to the common bile duct during the course of a laparoscopic...
John Whitting QC appointed to the Welsh Government Panel of Queen’s Counsel - Sep 2012
One Crown Office Row is pleased to announce that John Whitting QC has been appointed to the Welsh Government Panel of Queen's Counsel. This will take effect from the 1st October 2012.
John Whitting QC successfully defends obstetric team at Solihull Hospital in High Court trial - May 2012
In a judgment handed down on 31st May 2012, Mr. Justice Hickinbottom dismissed an obstetric brachial plexus injury claim brought against Solihull Hospital. Until relatively recently, conventional...
David Hart QC and John Whitting defend Mace & Jones in £50m negligence claim - Dec 2010
