Owain Thomas KC

Clinical Negligence

Owain has a broad clinical negligence practice. He acts for Claimants and Defendants in roughly equal proportions. He is instructed by the leading Claimant firms and by the NHSLA and all the defence organisations in substantial claims. He has expertise in high value catastrophic injury claims of all kinds.

He has wide experience acting for both Claimants and Defendants (NHS and MoD) in clinical negligence, particularly high value claims resulting from birth injury or other catastrophic injuries. He has experience of a wide variety public law challenges against Mental Health Trusts in the Administrative Court and emergency injunctions and best interests cases in the Family Division. He regularly appears for public authorities (hospitals, mental health Trusts and prisons) in complex inquests.

In addition, Owain is well versed in mental health litigation cases ranging from FTT hearings concerned with the continued necessity of detention, public law challenges to treatment decisions and detention from the FTT to the Court of Appeal, challenges to decisions to release patients and human rights challenges on procedural and substantive grounds.

He also has experience in professional negligence cases arising the management of clinical negligence litigation

Listen to Owain discuss the significant case of Darnley v Croydon NHS Trust [2018] UKSC 50 regarding hospitals liability for the actions and statements of their non-medical staff in A & E in episode 47 of Law Pod UK.

Selected Cases

• FDS v Oxford University Hospitals NHS Trust: acted for the Defendant in catastrophic injury claim concerning a highly specialised and emerging area of medicine.
• PQ v Royal Free Foundation NHS Trust (2020): represented Defendant in an unusual birth injury case.
• Sullivan v Guy’s and St Thomas’ NHS Foundation Trust 2017 EWHC 602 (QB): represented child’s estate in case involving infant with severe congenital heart disorder.
• Holmes v Kings College NHS Foundation Trust (2017): acted for the Claimant in case alleging misdiagnosis of spinal tumour.
• Brooks (2016): case concerning systemic allegations against hospital for death of elderly patient following routing surgery.
• Brack v Al Kemachki (2016): acted for Defendant GP in case alleging failure to diagnose post chemotherapy sepsis in cancer patient at a Walk-in centre.
• McLeod v Aneurin Bevan University Health Board (2016): acted for Defendant in case of failure to diagnose Maple Syrup Urine Disease leading to catastrophic neurological damage.
• DLH v West London Mental Health NHS Trust FTT (2014): 6 day FTT case concerning challenge to the legality of detention for treatment of patient with personality disorder.
• St Andrews Healthcare v DL (2014) UT: Judicial Review of FTT decision in relation to release of detained patient.
• R (ota Modaresi) v Secretary of State for Health and others [2011] EWCA Civ 1359.
• R (ota B) v Dr SS (RMO), Dr G (SOAD) and Secretary of State for Health – Court of Appeal [2006] 1 WLR 810): representing the RMO in a five day judicial review hearing and subsequent appeal to the Court of Appeal.