Clinical Negligence

Shahram is instructed in claims concerning most areas of alleged medical mismanagement and negligence.  Recently he has concentrated on claims concerning delayed treatment such as surgery and cancers, spinal cord injuries, cerebral palsy and other birth related complications.

Selected Cases

  • LC v. Hampshire Hospitals NHS Foundation Trust [2022]: Secured substantial damages for a surrogate with severe OCD who suffered severe psychiatric injury after the baby she was carrying suffered irreversible hypoxic injury and died soon after being delivered by emergency caesarean.
  • BR v. East Sussex Healthcare NHS Trust [2022]: Secured substantial damages for a diabetic patient who suffered a below-knee amputation. The claimant had suffered a fracture to his ankle whilst walking, and began to develop symptoms of neuropathy and ulceration on his right foot, which was not assessed despite his complaints. The ulceration led to a deep-seated infection arising and travelling up his right foot/leg resulting in an below-knee amputation being carried out as a life-saving treatment.
  • Platt v. South East Coast Ambulance NHS Foundation Trust [2021]: Claimant suffered catastrophic spinal cord injury due to the failure of paramedics to immobilise her whilst removing her from the accident location. Claimant was forced to give up her career and was wheelchair bound. Liability and causation were established in 2019 and the claim settled for a substantial seven figure sum in 2021.
  • Miah v. (1) Barking & Redbridge University Hospitals NHS Trust (2) Barts Health NHS Trust (3) Homerton University NHS Foundation Trust [2020]: Vulnerable adult claimant suffered permanent spinal cord injury resulting in paraplegia requiring suitable accommodation and life-long care. Though breach and causation were denied by the three Trusts, the claim settled at mediation for a substantial seven figure sum.
  • Baby S (deceased) v. Guy’s & St Thomas’ NHS Foundation Trust [2020]: 3 month old baby died on the operating table whilst undergoing a routine hernia repair. Cause of death was negligent insertion of the endotracheal tube which blocked his airway. Claim settled for full value. As a result of this tragic case all such procedures and methods throughout Europe have been improved to prevent a similar incidents arising.
  • Wadsley v. Dr Jones [2019]: Delayed diagnosis of an obstructed bowel resulting in a colectomy and bladder repair being carried out. The claimant was fitted with a colostomy bag and suffered with regular infections. He also developed recurring hernias. Claim settled for full value notwithstanding a denial of breach and causation.
  • Tomlinson v. (1) Lewisham & Greenwich NHS Trust [2019]: Negligent rupture of the popliteal artery by nearly 75% leading to catastrophic blood loss requiring transfusion. Claimant was left with significant narrowing of the artery which impacted on daily life and functionality. He required life-long assessment, monitoring and treatment. Claimant awarded substantial damages.
  • Kersey v. Epsom & St Helier University Hospitals NHS Trust [2019]: Claimant left with permanent damage to her small bowel with repeated hernias caused by a negligently positioned mesh and staples. Claim compromised on a full loss basis to account for the claimant’s life-long medical needs and dietary requirements.
  • B (A Child) v. (1) B Children’s Hospital NHS Trust (2) N General Hospital NHS Trust: Child with a rare heart condition was discontinued on life-saving medication resulting in repeated strokes causing permanent functional disability.
  • FWZ v. S NHS Foundation Trust: Baby suffered from significant hypoxic brain injury resulting in cerebral palsy. Breach of duty and causation has been admitted and matters proceed on the issue of quantum.
  • C-P v. B&T University Hospitals Foundation Trust: Claimant sustained permanent injury to her dominant hand as a result of the unlar branch of the median nerve being severed during routine carpal tunnel decompression surgery. The claimant has been left with a hand that lacks significant functionality and as such cannot perform any bi-manual tasks.
  • C (A Child) v. M&TW NHS Trust: Failure by Trust to treat torsion injury to a child’s testicle resulting in removal of the testicle giving rise to significant cosmetic and emotional trauma. Future fertility issues may arise.
  • M v. S NHS Foundation Trust: Delayed diagnosis of carcinoma requiring drastic surgery resulting in significant cosmetic, gynecological and functional disability.
  • H v. (1) Dr S (2) Dr B: Claimant sustained life-threatening thrombotic event as a result of the failure of two GPs to note persistently raised platelet count and start her on prophylactic medication. As a result the claimant is at increased risk of suffering further thrombotic episodes which could prove fatal.
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