Clinical Negligence

Sydney accepts instructions on behalf of claimants and defendants involving all aspects of advisory work and litigation. He has extensive experience of claims arising from across a wide spectrum of medical practice including brain and spinal injuries, GP, Obstetrics & Gynaecology, Orthopaedics, ENT, Oncology, Nursing & Midwifery, Vascular surgery, Cardiology, Neurosurgery, Neurology, Dentistry, Respiratory medicine, Infectious diseases, Ophthalmology and Psychiatry.

Selected Cases

  • Re AB. Missed fourth degree perineal tear during child birth. C required multiple surgical procedures including: examination under GA, loop sigmoid colostomy, repair to rectovaginal fistula and overlap sphincter repair, evacuation of perineal haematoma, closure of loop colostomy, caesarean section for second child and z-plasty procedure. Left with permanent faecal incontinence. Also suffered an Adjustment Disorder and Moderate Depression. Earning capacity reduced and restricted employment opportunities. Liability admitted. Settled for £500,000. Acted for Claimant.
  • RE S: Cauda equina. Paraplegia. Causation denied. Settlement £1.2m. November 2018. For Claimant.
  • Re R: Claim for alleged negligent psychiatric treatment and human rights claim for alleged wrongful seclusion. LAA issued a ‘show cause’ notice and during funding embargo claim automatically struck out for failure to pay trial fee pursuant to CPR 3.7A1 (7). Had been listed for 6 days in the High Court. November 2018. For Defendant.
  • Re PXD: Stroke as a result of prostatectomy in which ureter was damaged. Brain injury and hemiparesis. Injury of utmost severity requiring a full package of care. Settlement at equivalent lump sum of £5.2m. June 2018.
  • Re JC: Thyroidectomy resulting in dissection of recurrent laryngeal nerve. Permanent tracheostomy. Settled at mediation for £500,000. June 2018.
  • Re O: Fertility treatment. Alleged perforation of the bowel during egg retrieval leading to unrecognised and untreated peritonitis and a temporary stoma. Global settlement £235,000. June 2018.
  • Re T: Fatal accident claim. Delay in administering prophylactic anti-coagulant following revision knee replacement surgery. Settlement £115,000. May 2018
  • Re M: Alleged failure of anterior lumber interbody fusion, failure to perform a decompression and misplacement of pedicle screw. May 2018.
  • Re K: Alleged failure to detect in time fractured sternal wires and wound dehiscence following cardiothoracic surgery involving coronary artery bypass. March 2018.
  • Re P: Spinal injury claim arising out of an alleged failure to use a non-styletted lumbar puncture needle on a 15 month old infant in 1982. In 2012 the Claimant was diagnosed with an epidermoid cyst at L2/3 level which, he alleged, was causally related to the lumbar puncture he underwent in 1982. Each party instructed four experts on breach and causation. March 2018.
  • Re F. Khan: Fatal accident claim arising out of the death of a mother of two young children. She died following a third trimester miscarriage and attempt medical evacuation following a third trimester miscarriage and attempt medical evacuation following a third trimester miscarriage and attempt medical evacuation following a third trimester miscarriage and an attempted medical evacuation resulting in sepsis. Settlement £500,000. February 2018.
  • Re R: Severe drop foot arising from damage to peroneal nerve following hip arthroscopy. High Court trial March 2017. Acted for claimant.
  • Re Axx: Catastrophic injury – deafness and behavioral changes- arising out of delay in diagnosis of meningitis infection soon after birth. Multi-million pound settlement including periodical payments. One of the first to settle after change in discount rate. Junior on behalf of Defendant Trust. June 2017.
  • Re S: Delayed diagnosis of cervical myelopathy. Settlement July 2017. For claimant.
  • Re A: Obstetric claim. Unrecognised severe intra-abdominal bleed following caesarean section. Psychological injury. Settled August 2017. Acted for claimant.
  • Re FR: Dental claim arising out of removal of a bridge, resulting in alleged soft tissue injuries to neck and face. Settlement October 2017. For claimant.
  • Re O: Hearing loss claim arising out of ear surgery. Liability succeeded on preliminary trial of consent after Montgomery. Settled November 2017. For claimant.
  • Re B: Bariatric surgery claim alleging negligent stapling resulting in obstruction and consequent further 3 repair operations. Settled November 2017. For claimant.
  • Re K (2017): delayed diagnosis of slipped upper femoral epiphysis in child. Settlement £75,000.
  • Re B (2016): missed diagnosis of rapidly expanding aneurysm after recent subarachnoid haemorrhage. Optic nerve palsy and psychiatric injury. Settlement £420,000.
  • Re P (2016): toe operation resulting in chronic regional pain syndrome. Settlement £300,000.
  • Re C (2016): misreported cervical smear. Stage 2b cervical cancer. Loss of fertility. Settlement £150,000.
  • Re B (2016): complete transection of ulnar nerve during fixation of elbow fracture. Settlement £95,000.
  • Re E (2016): FAA claim. Failure to diagnose lung connective tissue disease leading to death. Settlement £385,000 with Knauer v MoJ uplift.
  • Re B (2016): trial at Liverpool CC. Alleged missed diagnosis of gastric ulcer.
  • Re E (2015): delayed diagnosis of tongue cancer. Settlement £45,000.
  • Re B (2015): delayed diagnosis of vertebral compression fracture requiring ballon kyphoplasty. Settlement £68,000.
  • Re M (2015): delayed diagnosis of malaria resulting in severe falciparum malaria, liver and kidney failure and amputation of toes. Settlement £115,000.
  • Re KL (2015): undiagnosed femoral hernia. Acted for defendant. Settlement £225,000.
  • Re KD (2015): HHJ Coe QC, Sheffield CC. Successful defence after trial of claim arising out of retrieval of detached needle during laparoscopic gastric bypass operation.
  • Re LP (2015): pedestrian child victim of RTA. Infected leg not recognised resulting in below knee amputation. Settlement £1.7 million.
  • Re LP (2014): stroke claim against GP. Settlement £138,000.
  • Re AH (2014): fatal accidents / secondary victim claim against GP. Leg infection resulting in septicaemia and death. Settlement £1 million.
  • Re DJ (2014): settlement £375,000.
  • Re PD (2013): settlement £521,500.
  • Re B (2012): defendant’s appeal from HHJ Gosnell Court of Appeal.
  • Re B (2011): missed diagnosis of breast cancer. Trial at Leeds County Court before HHJ Gosnell.
  • Re TTM: landmark judicial review in the Court of Appeal related to detention in mental health cases.
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