Pritesh Rathod

Clinical Negligence

Pritesh’s main area of practice is clinical negligence. He represents both claimants and defendants. His experience ranges from low value claims to multi-million pound claims and across the full range of medical specialisms. He has a significant amount of courtroom experience, appearing in applications, trials and appeals.

He has successfully appeared in the Court of Appeal, having obtained a strike out in a case where it was alleged that the Claimant had received full compensation for her claim in previous proceedings. He also successfully appeared in an appeal relating to the use of employment experts in a brain injury claim. Pritesh has a special interest in quantum issues and is particularly proficient at drafting schedules and counter-schedules. He also has an interest in fatal accident claims.

He is recommended as a leading junior in Chambers & Partner 2021 guide.

Pritesh is regularly asked to deliver lectures and seminars on topical issues within the field of clinical negligence.

Listen to Pritesh discuss Clinical Guidelines in Clinical Negligence Cases on episode 48 of our podcast Law Pod UK here.

Selected Cases

• Scaddon v Morgan (HC 16 Jun 2017): Successfully represented the Claimant at Trial in relation to the negligent failure by a private Consultant Gynaecologist to spot a prolapsed uterine fibroid, which was removed seven months later.
• Quintana v Surrey & Sussex Healthcare NHS Trust (HC 28 Mar 2017): Successfully represented the Defendant in striking out the claimant’s claim under the Law Reform (Miscellaneous Provisions) Act 1934 where the Claim Form had been issued prior to Letters of Administration having been received. The case involved detailed consideration of the case law on this issue, together with the proper construction of section 35 of the Limitation Act 1980 and CPR 17.4.
• Seear v St George’s Healthcare NHS Trust [2013] EWCA Civ 491: Successfully represented the respondent (defendant) resisting an application for permission to bring a second appeal in a clinical negligence claim, having previously obtained a strike out at first instance and resisted a first appeal. The clinical negligence claim was struck out because the claimant had been compensated for her injuries in a previous road traffic accident claim. The applicability of Jameson v Central Electricity Generating Board [2000] 1 AC 455 and Heaton v AXA Equity and Law Life Assurance Society [2002] 2 AC 329 was in issue.
• Turner v Walsall Hospital NHS Trust [2013] Med LR 379, [2013] EWHC 1221 (QB): Successfully represented the respondent (defendant) in an appeal against the decision of a Queen’s Bench Master, dismissing an application for permission to rely on an employment expert in a high value clinical negligence case. The case involved a brain injured child who resided in Jersey. It was argued on behalf of the appellant that English employment statistics were not applicable and so an expert was required.