Inquest concludes that admitted failure to invite labouring mother in for assessment costs baby’s life - Nov 2023
Rory has extensive experience in cases involving personal injury of all kinds. His principal areas of practice are Clinical Negligence, Inquests, Employer’s and Public Liability and RTA cases.
He has a particular interest in cases involving clinical negligence and is regularly instructed in claims ranging from delayed diagnosis of cancer to catastrophic brain injury, and death in children arising from obstetric and paediatric negligence.
In addition to his civil practice he frequently represents families and other interested parties at inquests in which clinical negligence is suspected, and in cases involving deaths in custody.
Rory is described in Chambers and Partners as “a stand-out junior in clinical negligence cases and a go-to for representation at inquests. He is passionate about representing clients and helping them to access justice”.
He is also ranked as a Leading Junior in both Clinical Negligence and Inquests in the Legal 500.
Clinical NegligenceRory specialises in complex cases involving clinical negligence and is regularly instructed on behalf of Claimants and Defendants.
He is ranked in Chambers and Partners for Clinical Negligence 2025:
- “Rory Badenoch is a stand-out junior in clinical negligence cases and a go-to for representation at inquests. He is passionate about representing clients and helping them to access justice.”(2025)
- “Rory is incredibly good at analysing the detail of the case. He’s got a very superior analytical brain and he can really get through complex issues” (2025)
- “Rory is very much a star of the future. He has a very good way with client and clearly reads the papers in detail beforehand.”(2025)
- “Rory is very hands-on and takes ownership. He is very efficient and gets the cases moving very quickly. He can be a real fighter, and he doesn’t back down easily.” (2025)
He is also ranked in the Legal 500 for both Clinical Negligence and Inquests:
- “Immense attention to detail and extremely thorough” (2025)
- “Rory doesn’t miss a single detail, every stone will be uncovered and he will do all that he can to get the best result for the client.” (2025)
- “A junior with excellent client care skills” (2024)
- “A junior with a reassuring demeanour who is superb when questioning witnesses.” (2024).
- “Rory has come into his own in the last few years; he can deal with the most complex of cases with a calm and reassuring manner. His judgment is exceptional when considering difficult points of law and the advice he gives to clients” (2023)
Rory has considerable expertise in claims ranging from misdiagnosis / delayed diagnosis of cancer, negligently performed surgery, negligent radiological reporting, negligent obstetric and neonatal care, and failure to obtain informed consent.
He also has considerable experience handling fatal claims arising from delayed diagnosis of cancer; delayed diagnosis of sepsis; suicide following negligent psychiatric management; administration of inappropriate antibiotic prophylaxis; negligent midwifery / paediatric and / or neonatal care; the administration of unindicated drugs; delayed treatment / failure to follow clinical pathways.
Selected Cases
- £1.95 million on behalf of a consultant surgeon who suffered a nerve injury as a result of negligently performed surgery.
- £1 million on behalf of a client who suffered delayed diagnosis of lung adenocarcinoma resulting in a significant reduction in life expectancy.
- £900,000 on behalf of the dependents of the deceased who took his life as a result of failures adequately to diagnose, manage and treat his presenting mental health issues and admit him to hospital.
- £900,000 on behalf of a teenager whose infected hip joint was not diagnosed resulting in premature hip replacement.
- £750,000 on behalf of a client who suffered delayed diagnosis of cancer due to misreported cervical smear tests.
- £650,000 on behalf of a client who had suffered delayed diagnosis and treatment of a bowel perforation during a routine colonoscopy resulting in permanent colostomy.
- £607,000 on behalf of a client who suffered a below knee amputation as a consequence of a delay in performing vascular surgery.
- £600,000 on behalf of a woman who sustained significant muscle necrosis and neurological damage, resulting in impaired sensation and neuropathic pain and the loss of most of the muscle of her lower leg.
- £500,000 on behalf of a client who underwent a subtotal colectomy and end ileostomy as a result of a failure to adequately investigate her symptoms and diagnose Crohn’s disease and obtain her informed consent for surgery.
- £450,000 on behalf of the dependants of the deceased who took his own life due to a negligent failure adequately to assess, manage and monitor his suicide risk whilst a psychiatric inpatient.
- £450,000 on behalf of a client who lost the vision in one eye as a result of negligently performed cataract surgery.
- £400,000 on behalf of the dependents of the deceased who suffered hypoxic ischaemic brain injury, catastrophic bowel injury and ultimately death as a result of a failure to diagnose and treat bowel perforation in timely fashion.
- £353,000 on behalf of the dependents of the deceased who suffered severe brain damage and ultimately death as a result of a failure to identify and report the presence of an acute subdural haematoma [“ASDH”].
- £335,000 on behalf of a client who suffered a 7 year delay in diagnosis and treatment of a brain tumour as a result of a failure to adequately interpret an MRI scan.
- £200,000 on behalf of a bereaved mother who suffered an intrauterine death and stillbirth as a consequence of a failure to offer a caesarean section following, inter alia, reported reduced fetal movements and suspicious CTGs.
- £185,000 on behalf of a client who sustained an injury to the small bowel during a laparoscopic hysterectomy necessitating laparotomy, ileostomy formation and reversal.
- £170,000 on behalf of a client who underwent an unnecessary and contra-indicated total laparoscopic hysterectomy for which she did not provide her informed consent, resulting in infertility and damage to her ureter.
- £150,000 on behalf of the dependents of the deceased who died as a consequence of delayed diagnosis of malignant melanoma on his foot.
- £150,000 on behalf of a client who underwent an ACL reconstruction without obtaining her informed consent for the procedure.
Rory has considerable experience in representing families and other interested parties at inquests. He has particular expertise in representing families at inquests in which clinical negligence is suspected.
He is ranked as a Leading Junior in the Legal 500 for both Inquests and Clinical Negligence :
- “Immense attention to detail and extremely thorough” (2025)
- “Rory doesn’t miss a single detail, every stone will be uncovered and he will do all that he can to get the best result for the client.” (2025)
- “A junior with excellent client care skills” (2024)
- “A junior with a reassuring demeanour who is superb when questioning witnesses.” (2024).
- “Rory has come into his won in the last few years; he can deal with the most complex of cases with a calm and reassuring manner. His judgment is exceptional when considering difficult points of law and the advice he gives to clients” (2023)
He is also ranked in Chambers and Partners 2025:
- “Rory Badenoch is a stand-out junior in clinical negligence cases and a go-to for representation at inquests. He is passionate about representing clients and helping them to access justice.”
- “Rory is incredibly good at analysing the detail of the case. He’s got a very superior analytical brain and he can really get through complex issues.”
- “Rory is very hands-on and takes ownership. He is very efficient and gets the cases moving very quickly. He can be a real fighter, and he doesn’t back down easily.”
- “Rory is very much a star of the future. He has a very good way with clients and clearly reads the papers in detail beforehand.”
Inquests Rory has been involved in have included investigations into very complex areas of medicine and science including:
- obstetrics
- neonatalology
- psychiatry
- paramedic and ambulance care
- neurology and neuroradiology
- general surgery
- urology
- emergency medicine
- interventional cardiology
He also has significant experience in:
- Article 2 inquests, involving the suicide of psychiatric patients and detainees;
- Road traffic inquests (on behalf of both insurers and families);
- Inquests involving deaths in the workplace.
Such undeniably upsetting cases – often very close to the time of the death of a loved one and in difficult circumstances – involve particularly careful and considerate client handling skills, of a kind for which Rory is recognised.
Publications
Rory has contributed to the soon to be released updated addition of “The Inquest Book: The Law of Coroners and Inquests”
Listen to Rory discuss the developments in inquest law that practitioners will need to know about on episode 175 of our podcast, Law Pod UK.
Selected Cases
- Inquest into the death of a newborn baby, Abigail Miller. Abigail’s mother was triaged via telephone by the Maternity Assessment Unit (“MAU”) at the hospital but was not invited to attend on two occasions, nor was an ambulance sent when it ought to have been on a third occasion. Abigail’s mother arrived in a taxi at hospital having suffered a cardiac arrest and an emergency c-section was performed in the hospital foyer. Unfortunately, Abigail died two days later as a consequence of severe hypoxic ischaemic encephalopathy. Her mother survived following resuscitation and emergency surgery.
The Coroner concluded that had Abigail’s mother been invited to attend the MAU earlier, as she ought to have been, she would have been in hospital at the time of her clinical deterioration due to a uterine rupture at 1845 later that day. The care that would then have been given (namely supportive measures including IV fluid resuscitation and oxygen, and an emergency caesarean section prior to cardiac arrest occurring) would have “significantly prolonged” Abigail’s life (i.e. she would have survived).
Abigail’s parents recently gave an interview to BBC Newsnight calling for a national public inquiry into the standards of care across the UK. The interview can be accessed here.
Press coverage: BBC News; The Times; The Daily Mail; The Sun; The Argus
- Inquest into suicide of teenage girl examining a link to prescribed acne medication. Represented her family. (Press links: BBC, ITV, Standard)
- Inquest into death of a newborn from severe anaemia. Acted for the family.
- Inquest into the death of a teenage girl who died as a result of diabetic ketoacidosis. Represented the family. (Press link: ITV)
- Inquest into the death of a baby boy who died as a result of avoidable perinatal asphyxia. Represented the family. (Press links: BBC, Daily Mail, Echo News, Halstead Gazette)
- M4 crash inquest represented the driver of the lorry. (Press links: BBC, ITV, Express, Get Reading)
Rory has extensive experience in all kinds of personal injury litigation and particularly employer’s and Public Liability and RTA’s
He is frequently instructed by local authorities, insurers and the MIB as well as undertaking work for claimants on a CFA basis.
Rory is regularly instructed on behalf of both defendants and claimants in high value cases involving catastrophic brain injury and life-changing disability.
He has often handled Road Traffic cases including cases involving suspected fraud, exaggerated claims, claims involving CRPS, and Low Velocity Impact (“LVI”) work. Being a keen road cyclist himself, Rory has developed an interest in cases involving cyclists.
His regular court appearances in contested personal injury trials (a significant part of his practice in his early career at the bar) has given Rory a great deal of advocacy experience and helped him to develop excellent client handling skills.
Selected Cases
- £1.43 million on behalf of a claimant who suffered life changing injuries following an incident in which she was thrown from a fairground ride. [press here]
- £3 million on behalf of a young woman who suffered life-change injuries including a traumatic brain injury after being struck by a motorbike whilst crossing a pedestrian crossing.
- £2.25 million on behalf of a claimant who suffered a severe traumatic brain injury after being struck by a car when crossing a road.
- £285,000 on behalf of the dependants of the deceased who was struck and killed by a vehicle outside his home.
Law Pod UK Ep. 175: Essential Inquest Law Update - Dec 2022
Emma-Louise Fenelon speaks to Rory Badenoch and Rajkiran Barhey about the developments in inquest law that practitioners will need to know about. Law Pod UK is available on Spotify, Apple...
Rory Badenoch represents family at inquest into avoidable hospital death - May 2022
Rory Badenoch, instructed by Lynda Reynolds of Hugh James Solicitors, represented the family of David Morton-Holmes at the inquest into his death which took place on 17th May 2022 at the East Sussex...
Rory Badenoch instructed in inquest into death of new-born baby - May 2022
Rory Badenoch, instructed by Mark Bowman of Fieldfisher, recently represented the parents of a new-born baby in an inquest into his death on 8th January 2021. Walter German sustained severe brain...
1COR Quarterly Medical Law Review – Spring 2021 – Issue 9 - Jul 2021