Richard Mumford

Clinical Negligence

Richard acts for both claimants and defendants across the full range of medically-related injury, up to and including very high value birth injury cases and paraplegia. He frequently acts in claims valued in the region of £2.5m to £5m and regularly appears against silks, both during negotiations and at trial.

Selected Cases

• Parsons v Isle of Wight NHS Trust [2023] EWHC 3115 (KB), Ritchie J, 5 December 2023. Consent to thoracic epidural in context of bowel resection for cancer. “Under skilful cross examination by Mr Mumford the contradictions in the Claimant’s evidence were revealed” (per Ritchie J, para 93)
• Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307. Consent to hysterectomy and risk of post-operative pain; appeal underscored need for factual causation in consent cases. Described in McCulloch v Forth Valley Health Board [2023] UKSC 26 as “The most important case on a doctor’s duty of care to inform since Montgomery” (per Lord Hamblen, para 50)
• AB v Royal Devon & Exeter NHS Foundation Trust [2016] EWHC 1024 (QB), Irwin J, 4 May 2016 Paraplegia following delayed diagnosis of spinal abscess. Application of defence of illegality in response to claim for additional care by reason of substance abuse. Consideration of recoverability of personal injury trust costs in claimant with capacity.
• Hussain v King Edward VII Hospital  [2012] EWHC 3441 (QB), Eady J (30 November 2012) and [2013] EWCA Civ 1863, Court of Appeal (12 December 2013). Alleged shoulder injury as result of mishandling (not proven). Appeal considered application to admit fresh evidence which could/should have been obtained before trial.
• Romy Smith (by her Mother and Litigation friend Sally Smith) v East and North Hertfordshire Hospitals NHS Trust [2008] EWHC 2234 (QB) High value birth injury quantum case in ambulant minor with complex care needs.