Clinical Negligence
Paul is a leading silk with over 30 years’ experience in both Clinical Negligence and Personal Injury Litigation as junior counsel and in silk. Described as ‘top drawer silk with a real desire to fight and win the difficult case’ Paul is regularly recognised for his ‘pragmatic advice and excellent client manner’. His cross examination and negotiating skills are described as ‘formidable’, his knowledge ‘encyclopaedic’ and he is a favourite of instructing solicitors due to his ‘genuine commitment to clients’. Paul’s experience ranges across all specialist areas including brain and spinal injuries, negligent and delayed diagnosis, accidents at birth and surgical errors. For full details please view his specialist profiles.
Notable Clinical Negligence Cases
XTX v Kettering General Hospital NHS Foundation Trust.
Claimant 8 months old. Failure to diagnose septicaemia. Consequent development of meningitis resulting in below elbow amputation and a serious brain injury. Claimant now suffers a range of serious cognitive challenges and is unable to benefit from prosthetics because of the level of amputation. Claimant will be unable to live completely independently in the future and will not be able to take renumerated employment. Settled on basis of periodical payments for care and case management, loss of earnings, deputyship and a contribution towards possible prosthetic provision plus a retained lump sum for all other heads of loss. Capitalised value: £15 million.
XMX v University Hospital Birmingham NHS Foundation Trust.
Failure to diagnose gelastic epilepsy originating from a benign tumour ( a hypothalamic harmatoma). Claimant negligently treated from the age of 10 onwards culminating in an unnecessary right temporal lobectomy. Appropriate treatment would have resulted in near complete eradication of her epilepsy. Claimant suffers epilepsy (including tonic/clonic fits) that is intransigent to treatment. Claimant is unable to work and requires 24 hour supervision In addition to neuropsychiatric difficulties caused by persisting epilepsy and the consequences of the unnecessary lobectomy the Claimant has a deep seated mistrust of clinicians and will not accept potentially successful surgical treatment. Settled on the basis of periodical payments for care and case management and a retained lump sum. Capitalised value £15million.
MJC v TB
Capitalised value: 8 figures.
Catastrophic injuries suffered as a result of collision with a motor car while the Claimant was riding his bicycle. Life changing physical and cognitive injuries. Periodical payments for care. Claimant living with his family supported by a 24 hour 2:1 care package in new, purpose built house with hydrotherapy pool.
AAA v SSH
Capitalised value: 8 figures.
Claimant catastrophically injured as a result of electrocution and then falling from an electricity pylon that she had climbed having absconded from a secure psychiatric unit. Longstanding history of psychiatric illness. Permanent physical and cognitive injuries. Liability for hospital’s failure to keep Claimant safe admitted. Claimant living in a suitably adapted home of her own with 24 hour 2:1 care package. Periodical payments for care and case management.
XCX v Kings College Hospital and others
2018
Negligent surgical treatment of patient with severe epilepsy, worsening her condition.
FRE v Imperial College Health Care Trust
2018
Failure to act on fetal distress and proceed to caesarean section: cerebral palsy
KF v City Hospital Birmingham
2018
Failure to diagnose and treat a twisted bowel post birth leading to small bowel, liver and pancreas transplants. Life limiting condition.
MP v University Hospital Coventry and Warwickshire NHS Trust
2018
Infant with respiratory distress. Failure at hospital to recognise severity of condition. Pharyngeal abscess leading to hypoxia and catastrophic injury.
W v University Hospital of Morecombe NHS Trust
2018
Failure to seal a CSF leak during surgery to inner ear resulting in severe brain damage.
