Malcolm Duthie - Clinical Negligence
Malcolm practices exclusively in the fields of personal injury and clinical negligence litigation.
He has considerable experience of clinical negligence claims in a wide variety of fields including:
- Colorectal surgery
- General surgery
- Orthopaedic surgery
- Accident and emergency medicine
- Obstetrics and gynaecology
- Acquired MRSA
Recent cases have included:
S –v- University Hospitals of North Midlands NHS Trust : delay in diagnosis of ST- elevation myocardial infarction (STEMI). Settlement.
Q –v- Dr C & Mr C : radiologist failed to identify congenital tethered spinal cord on MRI and surgeon, in performing spinal decompression surgery, damaged spinal cord causing severe neurological disability. Settlement following JSM.
KH –v- University Hospitals Bristol NHS Foundation Trust  (Lawtel): failure to identify and treat thoracic aortic aneurysm which ruptured causing death. Secondary victim and FAA claims. Settlement £400,000 approved by HHJ Denyer QC.
F –v- King’s College Hospital NHS Foundation Trust : delay in diagnosis of and treatment for carcinoma of the bladder. Settlement.
MYSW –v- Lewisham & Greenwich NHS Trust : delay in diagnosis of and treatment for lung cancer. Settlement.
O –v – University Hospitals of North Midlands NHS Trust : delay in diagnosis of and surgery for cauda equine syndrome. Settlement.
G : colorectal surgery resulting in chronic abscess cavity in pelvis, ileostomy and colostomy. Settlement: £700,000
-Inquest concerning high death rates at Worcestershire Acute Hospitals NHS Trust (current)
G-M : negligently performed neurosurgery causing Frankel D spinal cord injury and upper limb amputation. Settlement: £1.125m
O’T : elective total hip replacement for elderly patient. Acquired MRSA, causing multiple further surgical procedures and permanent disability. £400,000
LLB (Hons) LLM (London)
Professional Negligence Bar Association
Personal Injuries Bar Association
"He is excellent with clients and has a calm head in vigorously contested cases."
Band 2 – PI Chambers UK 2018
Chambers UK 2018
‘He has in-depth knowledge of complex neurological issues.’
Ranked: tier 1
Legal 500 2017
"He has an excellent work ethic, great attention to detail and is very good with clients." "He has a strong approach to negotiation and a focus on truly representing his clients." "An intelligent, articulate and a skilled advocate."
Chambers UK 2017
‘An excellent advocate.’
Legal 500 2016
A highly experienced junior with significant expertise in cases involving catastrophic injuries. Instructing solicitors value his dedication to cases and skilled advocacy.Strengths: "He is immaculately prepared every time and stands out for his fighting spirit." "He has a phenomenal memory for case law. He is very approachable and good with clients, yet is ruthless at cross-examining." Recent work: Represented the defendants against claims brought by a young girl injured by a roof tile dislodged by wind in conditions that may have allowed the use of Act of God defence.
Chambers UK 2016
‘A real detail man – his focus on evidence is always impressive.’
Legal 500, 2015
A senior junior with extensive experience in complex personal injury claims. Interviewees praise his tenacious approach and his ability to work well with clients. "His attention to detail is second to none." "He is one of the best senior juniors on the Midland Circuit, and is always thoroughly prepared."
Chambers UK 2015
'Solid, dependable and knowledgeable.’
'A great asset in complex cases.'
Legal 500 2014
He is widely regarded both within the region and nationally as a leading senior junior for high-value catastrophic work. Instructing solicitors on both the claimant and defendant sides note his meticulous preparation and courtroom advocacy. "He's solid - he's very good on his feet and you can guarantee however much stuff you send him he'll read every single page." "He's sharp and supremely knowledgeable about a number of areas. In a difficult and complex case nothing's too much for him."
Chambers UK 2014
Malcolm Duthie is ‘a formidable junior in the personal injury field’.
"exceptionally good with clients".
Chambers & Partners 2012
"an intimidating negotiator and cross-examiner," who is "well liked by instructing principals and clients alike." They appreciate his "tremendous work ethic and attention to detail."
Chambers & Partners 2011
has "the ability to pass on complex information to even the most difficult client in a way that they understand and respect." Fellow barristers note that he is a "formidable advocate" whose attention to detail is second to none.
Chambers & Partners 2010
He has been recognised as a leading junior, being described
in Chambers UK as “industrious and conscientious” and in
the Legal 500 as “gets to the heart of the issues in a case very
quickly, highy academic, intelligent, a skilled advocate both on
paper and in person”.