David acted for the appellant Purchase in the combined appeals of Paul, Polmear and Purchase [2024] UKSC 1 in the Supreme Court. This was a much anticipated appeal concerning secondary victim claims in clinical negligent settings.
David Tyack KC has practised exclusively in clinical negligence and personal injury work for over 20 years.
He has very wide experience of dealing with cases of the utmost severity and complexity in all main areas of clinical negligence and personal injury practice. David has appeared in all levels of the court system including the Supreme Court. David is regarded as approachable by professional and lay clients alike.
David regularly gives talks in a wide variety of clinical negligence and personal injury subjects to legal and medical professionals and expert witnesses. He has recently been invited to speak at conventions for AVMA, PIBA, MASS, BRAKE, the Expert Witness Institute and the Association of Coloproctology of Great Britain and Ireland.
David is known for his willingness to take on novel and legally complex claims. He is regularly rated as a leading silk by the main guides in the fields of personal injury and clinical negligence. He was shortlisted as Clinical Negligence Silk of the Year in the Legal 500 awards 2022.
David is a very experienced clinical negligence practitioner in all main main areas of this field of practice. His caseload involves cases of the utmost severity and often involves complicated medical issues and difficult or novel legal points. David often gives lectures to solicitors and legak or professional organisations. He has recently been invited to do so by AVMA, the Association of Coloproctology of Great Britain and Ireland the Expert Witness Institute. He is regularly cited as a leading clinical negligence silk in the leading guides. David was shortlisted as Clinical Negligence Silk of the Year in the 2022 Legal 500 awards.
David has extensive experience of cases involving brain injuries and cerebral palsy. These include cases involving failures to diagnose haemorrhages following trauma, inappropriate brain surgery, and birth injuries. David is particularly experienced in complicated quantum issues including those concerned with the need for care and accommodation regimes to be set up pending settlement or trial. David is fully familiar with the potential use and significance of state funded care to make up any shortfall in Defendant provided care prior to settlement and in (partial liability cases), thereafter.
David has a considerable number of claims involving failures in cancer investigation or management throughout his career. These have included cases involving negligence in GPs failing to refer, negligence by a GP failing to prescribe appropriate genetic testing, and negligence by consultants in failing property to investigate suspicious signs and symptoms. David recently acted for a claimant in a claim who was prior to the relevant negligence non-verbal and severely autistic in any event. The failure appropriately to act upon signs of presenting testicular cancer caused below the waist paralysis, and double incontinence. The cancer was ultimately cured, but the claimant has been left with further serious disabilities.
David has acted in many and very claims involving gynaecological and obstetric issues.
David has extensive experience of claims involving medical and surgical errors leading to serious outcomes.
Examples of cases in which David has been involved include the following. A claim involving a failure to detect and act upon signs of sepsis, following an accidental bowel incision during gynaecological surgery. The claimant suffered overwhelming sepsis and a cardiac arrest, which led to a long stay in ICU and critical care myopathy, causing life changing disabilities. David acted for a young woman who suffered severe bleeding as a result of a negligently performed hysterectomy. This caused severe nerve damage and a footdrop. David is currently acting for the claimants in a case in Trinidad and Tobago. This involves an allegedly unnecessary embolisation procedure to the brain, resulting in a stroke. David is acting for young woman who underwent below knee amputation as a result of a failure to diagnose and act upon compartment syndrome following an ankle replacement operation, and for a young man who suffered a below the knee amputation as a result of a negligently performed ankle replacement.
David acted for the appellant Purchase in the combined appeals of Paul, Polmear and Purchase [2024] UKSC 1 in the Supreme Court. This was a much anticipated appeal concerning secondary victim claims in clinical negligent settings.
A claim against a neurosurgeon and neuro adiologist (in the High Court of Trinidad and Tabago) in relation to an allegedly unnecessary onyx embolisation of blood vessels in the brain leading to a stroke in a previously fit and active young woman.
A claim involving the failure to diagnose in time a rare condition known as hyperoxaluria (the overproduction of oxalate causing recurrent renal stones, and if untreated nerve damage). The delay caused kidney failure and the need for lifetime dialysis, bilateral lower limb amputations and bilateral defunctioning of both upper limbs.
Numerous birth injury cases involving catastrophic brain injuries and/or lifelong neuro disabilities caused by a number of mechanisms, including acute hypoxia, a skull fracture at birth, and extreme prematurity.
A claim involving surgical errors during total ankle surgery, resulting in the tenting of a major nerve and intractable pain. This later led to a below knee amputation.
A cauda equina syndrome claim against a hospital trust in relation to failures by an A&E department in relation to which liability was established at trial. It was successfully argued on behalf of the Claimant that she was entitled to the cost of 24 hour care under the Reaney principal, in spite of the fact that she would have had a need for 24 hour care of a different quality, but for the breach of duty.
A. cauda equina syndrome claim involving the omissions of GP and two hospitals, which was settled out of court.
A cauda equina syndrome claim by a prisoner against a private prison service and a hospital trust in relation to failure to act upon signs of cauda equina syndrome in prison and in hospital. This was settled out of court.
A claim in relation to alleged negligent failures in a hospital A and E department to recognise and act upon signs of a subarachnoid haemorrhage. This caused long lasting serious neurological injuries (likely to require lifelong care) in a six-year-old boy.
A claim against a hospital trust in relation to a failure to diagnose and act upon signs of severe asthma in a young woman. The led to a cardiac arrest and by the Claimant’s case a life changing hypoxic injury.
A claim involving the failure by urologists in a hospital to identify and refer for investigation signs of testicular cancer in a non-verbal young man with severe autism. The cancer was eventually successfully treated, but the spread of the tumour caused paralysis and double incontinence. The claim involved particularly difficult quantum issues as to the relevance of different care needs in any event and the provision of ongoing NHS Continuing Healthcare.
A high value fatal accidents claim involving alleged negligence on the part of. the hospital for failing to administer thrombylosis to a young man who was suffering from a severe pulmonary embolism.
A claim involving the failure adequately to advise the claimant on reasonable alternatives to proposed surgery to remove a very slow going and likely benign tumour with the result that the Claimant underwent and operation that caused an infarcted spleen, and complications leading to the inability to swallow solid food.
A claim involving the negligent insertion of a tube the wrong way round into a cardiopulmonary bypass machine during a standard aortic heart valve replacement operation. This led to an air embolism and a catastrophic brain injury.
David has extensive experience in all main areas of personal injury law, in particular cases involving serious injuries and
fatalities. He has long experience of appearing in inquests on behalf of bereaved families and bringing claims against the MIB in relation to uninsured and untraced drivers. He has successfully appealed a decision of the MIB to designate a claim as untraced rather than uninsured. David has recently acted or is currently acting in catastrophic/multiple injury claims involving road traffic collisions involving pedestrians and cars, pedestrians and cyclists and passengers in vehicles, workplace accident claims, and fatal accident motor claims. David often lectures to solicitors and organisations on various personal injury topics and has recently been invited to do so for PIBA, MASS, BRAKE and the Expert Witness Institute.
Catastrophic personal injury claims form a substantial part of David’s practice. David has long experience of dealing with. cases involving catastrophic injuries, including brain and spinal injuries. David is particularly aware of the practical needs of catastrophically injured clients and their families. He recognises the importance of meeting clients to discuss their needs at the earliest possible opportunity, where preferred at their homes. He is familiar with the practical issues of implementing care regimes and acquiring suitable accommodation pending settlement or final hearing through. the rehabilitation code or by obtaining interim payments. He has a proven track record of successfully obtaining interim payments through contested interim payment hearings. He has considerable experience of liaising with IFAs to secure lasting funding for clients through PPOs in both full and partial liability cases, in the latter cases where the full care regime must be achieved through a workable combination of PPs and local authority or NHS provision.
Claim on behalf of pedestrian in collision with a car who sustained a catastrophic brain jury.
Claim on behalf of mother and infant son who were both passengers in Deceased’s vehicle. Mother sustained multiple serious injuries. Infant son sustained catastrophic brain injury and is likely to require lifelong 24 hour care.
Claim on behalf of driver in a a vehicle who sustained both catastrophic brain and spinal injuries leading to paralysis and the need for a 24 hour care supervision.
Claim on behalf of keen amateur cyclist who was struck by a car and sustained a catastrophic brain injury.
Claim on behalf of family of national standard amateur cyclist who was killed in a collision with a car during a high profile road race.
Claim on behalf of railway worker who suffered traumatic through the shoulder amputation of upper limb.
Claim on behalf of passenger in a car who sustained life changing polytrauma, including unusual and extremely serious arterial injuries, threatening viability of lower
limbs bilaterally, and at a number of levels. Claimant’s condition as it is resulted in significant care and accommodation needs.
Appeal to the Supreme Court on behalf of the Appellant Purchase in the combined appeals of Paul, Polmear and Purchase [2024] UKSC 1. The decision results in a very significant restriction of secondary victim claims in clinical negligence cases but has preserved and removed some restrictions on secondary victim claims in personal injury cases.
David practices the following areas:
David has acted on behalf of families in a number of high profile inquests involving extremely sensitive issues and considerable media interest.
He is acutely aware of the sensitivities of the issues for all concerned in the inquest, but ensures that the family’s concerns are clearly explored and put as necessary.
Examples of inquests in which David has acted for families include an inquest touching upon the death of an infant who died as a result of negligence during open heart surgery, an inquest touching on the death of a young man who died as a result of a severe primary embolism, and an inquest in relation to a young man who died during kidney dialysis. In the latter case, the young man bled to death when a lead into the dialysis machine became detached and was not investigated, in spite of an alarm being sounded. The Coroner accepted the family’s submission that the case should be dealt with as an Article 2 inquest and found systemic failures. The relevant hospital trust was later fined more than £1 million for health and safety breaches.
David has represented the families of the bereaved at numerous inquests. He has represented families in a number of high profile inquests which have often attracted media attention. He has acted in inquests touching upon the deaths of a very wide cross-section of the community from young children to senior citizens. David is aware of the sensitivity of each and every case for all involved, but is always concerned to ensure that the family’s concerns or aired and put as directly as may be required.
No5 Barristers Chambers is pleased to announce that David Tyack KC has been shortlisted for Clinical Negligence Silk of the Year at the Chambers and…
On 16th, 17th and 18th May 2023, No5 barristers Henry Pitchers KC, David Tyack KC, Esther Gamble and Oliver May are appearing in the Supreme…
'David is incredibly technical and his ability to manage and run complex expert conferences is second to none. His pleadings are also very detailed.'
"David is very intelligent and able to grasp complex points and explain them very well, very good at understanding and applying legal arguments to get the best out of a case"
"David is an excellent advocate for clients, meticulous with his advice and on point."
"David is extremely conscientious .... and is good at managing and addressing inconsistencies in the medical input on complex issues."
"He is technically outstanding." "He is very intelligent and fights hard for the client." "David is an excellent barrister who works on very complex cases."
"His preparation for conference and attention to detail are excellent. I know that he explores every aspect of a claim." "He is calm, measured and convincing on his feet." "David is a great technical lawyer and a tenacious advocate."
"David is superbly thorough and an excellent advocate on technical matters especially." "David is one of the go-to silks and has brilliant attention to detail. He identifies all the key issues in cases missed by an expert. He richly deserves his recent appointment as a KC."
"David is extremely knowledgeable, tenacious and very focused. He is methodical and has great client empathy."
"David is meticulous and thorough with his advice. He has a great bedside manner with clients and puts them at ease as soon as they are in a conference with him."
"David is thorough, meticulous and always willing to go the extra mile for clients."
"His drafting skills are excellent and he demonstrates significant attention to detail. He is always well prepared."
"Very intelligent and approachable, with a good eye for detail." "He is very thorough and knows his cases inside out."
"David is intelligent, determined, friendly and a sensible negotiator." "David has exceptional technical ability, and an astounding knowledge of the law."
"Efficient and pragmatic in his management of cases and an approachable and un-intimidating manner with clients. A safe pair of hands even on the most challenging of cases ."
"His drafting skills are excellent, and he has very good attention to detail." "A very diligent and incredibly hard-working barrister with great client care skills."
""A very strong advocate with a meticulous eye for detail." "He is very good at advising on tricky points of law and is very thorough in his work."
"His meticulous approach and grasp of complex areas of law and medicine makes him one of the strongest practitioners on circuit."
"Unflappable even in the most complex of cases, with client care skills that make him a good choice for vulnerable claimants."
"“He is approachable and a good negotiator, and he is keen to get the right result for his client.” “He has a very good eye for detail and he is immensely helpful when discussing cases.” “He is a very meticulous and knowledgeable barrister and I am always impressed by his advice.”
“Fantastically analytical and brilliant at interpreting medical evidence.”
No5 Barristers Chambers is pleased to announce that David Tyack KC has been shortlisted for Clinical Negligence Silk of the Year at the Chambers and…
On 16th, 17th and 18th May 2023, No5 barristers Henry Pitchers KC, David Tyack KC, Esther Gamble and Oliver May are appearing in the Supreme…
