Judith Rogerson

Clinical Negligence

Judith has extensive experience of advisory and advocacy work as well as successfully resolving claims through ADR.

Her practice involves cases in a wide variety of disciplines including claims related to general practice, obstetrics and gynaecology, gastroenterology, orthopaedics, neurology and plastic surgery. Her experience also extends to allegations of dental and veterinary negligence in addition to other clinical fields.

She has acted as junior counsel in several high value catastrophic brain injury cases dealing with complicated issues of both liability and quantum. She was also instructed as junior counsel on behalf of a General Practitioner in a claim arising out of a delay in diagnosing meningitis and successfully defended at trial a Consultant Orthopaedic Surgeon in a claim concerning avascular necrosis of the hip.

Most recently Judith has successfully defended at trial claims alleging a failure by a nurse to properly manage glaucoma, a bowel perforation during a radical hysterectomy and negligence during surgery to correct spinal scoliosis resulting in paralysis.

In addition to substantive arguments relating to liability and quantum, Judith has wide experience of:

• Claims involving complicated issues relating to limitation
• Allegations of interference with the rights conferred by Articles 2, 3 and 8 of the ECHR in the context of healthcare claims.
• Claims involving periodical payments. She was extensively involved in the finalisation of the many claims which had been on hold pending the conclusion of the proceedings in Thompstone v Tameside Hospital NHS Foundation Trust concerning the indexation of periodical payments.
• Procedural and interlocutory matters that often arise in clinical negligence litigation.

Judith is recognised by the legal directories as a leading junior in clinical negligence.

‘She is experienced in handling high-value claims.’ (Legal 500 2017)

“She is sensitive with clients but also sensible. She takes realistic views on cases.” (Chambers & Partners 2018)

“She’s ambitious and realistic and makes sure she gets the best outcome for the client.” (Chambers & Partners 2017

“She displays excellent attention to detail and is very thorough.” (Legal 500 2016)

“She is very well prepared, assured, calm, persuasive and perfectly at home in a trial. She is also excellent with clients.” (Chambers & Partners 2016)

“A well-respected individual with significant experience of obstetrics, gynaecology, orthopaedics and plastic surgery claims. Also praised for her work as junior counsel on several high-value brain injury cases involving both liability and quantum…She thinks things through properly and invariably gets the right answer.” (Chambers & Partners 2015)

“A fearless advocate who does an excellent job.” (Legal 500 2015)

“Very good…a widely known junior who acts for claimants and defendants across many medical disciplines” whose “advice is very clear” (Chambers & Partners 2014)

“She is intuitive, and has an exceptional grasp of the medical issues involved in cases”. Legal 500 2014

“Highly sought after” (Chambers & Partners 2013)

“She has a good technical knowledge and the ability to convey it” (Legal 500 2012)

Selected Cases

• Easom v Staffordshire & Stoke on Trent NHS Foundation Trust [2016]: Alleged a failure by a nurse to refer a patient to an ophthalmologist that was said would have resulted in a diagnosis of acute angle closure glaucoma and the prevention of subsequent loss of vision.
• Devonport v Gateshead Health NHS Foundation Trust [2016] EWHC 1729 (QB): Alleged bowel perforation during the course of a radical hysterectomy resulting in a significant pelvic abscess and consequent renal damage.
• Hosseini v Central Manchester University Hospitals NHS Trust [2016] EWHC 974 (QB): Allegations relating to the performance of surgery to correct a significant spinal scoliosis resulting in below the waist paralysis.
• Coakley v Rosie [2014] EWHC 1790 (QB): Delay in diagnosis of meningitis resulting in significant damage to the Claimant’s hearing and vision.
• Harrison v Isle of Wight PCT [2013] EWHC 442 (QB): Trial of the preliminary issue of limitation centred upon the Claimant’s date of knowledge in a claim relating to surgery to her shoulder.