Clinical Negligence

Paul routinely acts for Claimants and Defendants in a wide variety of high-value and complex clinical negligence cases including, for example, birth injury cases, spinal and head injury cases, and cancer cases.   He is very experienced in both complex liability cases, and also high-value quantum cases, and often appears in Court and at settlement meetings against QCs.

Selected Cases

  • Represented a child who had suffered a catastrophic brain injury at birth but had a largely normal life expectancy and level of mobility. Secured a settlement of over £35m, amongst the largest known clinical negligence settlements (led by Henry Whitcomb QC).
  • Representing a former UK athlete whose meniscal injury went undiagnosed leading to long-term need for joint replacement, and a change in career, with complex issues relating to liability, causation and quantum.
  • Successfully represented a Claimant in a difficult missed diagnosis of metastatic cancer case, where the claim depended upon the ability to successfully advance arguments relating to curability, notwithstanding the fact of the metastatic spread.
  • Represented NHS Trust in a complex multi-defendant action with certain services contracted out to private suppliers, and allegations of negligent spinal surgery, and misdiagnosed radiology.
  • Represented Defendant Trust in a causation-only defence in a brain injury case, with complex issues relating to neuroradiology, neurosurgery and with the overlay of a congenital abnormality. Successfully secured a very significantly discounted settlement.
  • PDR v Guy’s and St Thomas’s Hospital NHS Foundation Trust (2020): instructed as junior for the claimant in £37 million settlement awarded to young boy left brain damaged at birth.
  • TS v Orthocare v an NHS Trust (2020): Acted for an NHS Trust in case concerning contracting NHS services to a private provider.
  • SC v Mr D and a Bristol NHS Trust (2020): Represented multiple claimants in respect of the wrongful insertion of mesh to resolve pelvic floor problems.
  • A v Essex Partnership (2020): Represented the children of man who committed suicide whilst in hospital care.
  • FP v Guys and St Thomas (2020): Acted for the Claimant in complex wrongful birth injury case.
  • AM v an NHS Trust (2020): Acted for the Defendant in catastrophic brain injury claim.
  • Successfully defended a number of high-value claims against GP involving delayed diagnosis of cancer.
  • Acted for the Claimant in a trial arising out of a misinterpreted x-ray, leading to a failure to properly treat a complex fracture.
  • Acted for the Claimant who suffered almost total loss of vision in one eye following complications arising from cataract surgery.
  • Defended an NHS Trust in a High Court action where claims have been brought by secondary victims who alleged psychiatric injury following death.
  • Advised an NHS Foundation Trust as to its liability in respect of the negligent treatment of an NHS patient whose care was provided in a private hospital, but was funded by the Trust as part of its NHS waiting list reduction initiative.
  • Advised in relation to pure economic loss, in a claim where failure to diagnose was said to have caused the Claimant to have made a less advantageous redundancy agreement than he would have otherwise.
  • Advised as to whether a professional indemnity insurer may refuse to provide indemnity in circumstances where the indemnified party has failed to fully co-operate with its investigation, despite that refusal not prejudicing the insurer.
  • Advised a Primary Care Trust as to its liability in respect of the negligent treatment of a seriously disabled patient by a third party contractor.
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