Viewing: Medical for Gemma Roberts

Gemma has established a thriving and busy clinical negligence practice acting on behalf of both Claimants and Defendants. She has a wealth of experience in all stages of a litigation, from inquest to trial, and brings a successful combination of robust advocacy with sensitivity for a client’s individual needs. She regularly advises in writing or in conference and can draft pleadings at short notice where necessary.
Gemma has particular experience of advising in cases of delayed or mis-diagnosis; gynaecological claims, oncological matters and failures in cosmetic procedures. Examples of her recent work include succeeding at trial in a claim involving failure of a hernia repair which caused major internal injury; being lead by Paul Bleasdale QC as part of the group action against Dr Pattinson, disgraced breast surgeon; securing settlement for the family of a young patient who died following a tracheotomy failure; defending an NHS Trust over an alleged failure to obtain consent and acting for the mother in a neo-natal fatality claim.
Examples of Gemma’s recent work include:
- S v NHS Trust – acted for C, a Parkinson’s sufferer, who was left unattended in hospital and fell, suffering a significant head and brain injury. Claim was complicated by difficulties distinguishing the effect of the TBI against the advancement of the Parkinson’s; claim settled for a six-figure sum
- Estate of H v NHS Trust – for D in ongoing case by Estate of a young father who died following cardiac arrest allegedly arising from hypokalaemia following failure to monitor and control potassium levels
- S (deceased) v NHS and Medical Product Manufacturer – represented family of young deceased who died following failure of her tracheostomy. The hospital had introduced a new type of device which was improperly inserted and became occluded, preventing the patient from being able to breathe; she subsequently suffered a fatal heart attack. NHS Trust made an offer of settlement shortly after the inquest.
- B v NHS Trust – acting for C and lead by Nageena Khalique QC in a case involving negligent failure to remove surgical clips and sutures from C-Section site, causing ongoing infection and exacerbation of diabetes, leading to potential loss of limbs and sight.
- D v NHS Trust – acted at inquest for family of deceased who suffered cardiac arrest on a golf course; the attending ambulance service failed to supply oxygen and failed to use a defibrillator despite the patient being in shockable rhythm.
- B v NHS Trust – acted for C in a claim concerning failure to diagnose appendicitis
- O v NHS Trust – acting for C in ophthalmic case concerning failure to treat progressing retinopathy, leading to major haemorrhage and loss of vision
- W v NHS Trust – acted for C in a claim concerning failure to prevent and / or treat pressure sores in elderly patient.
Orthopaedic Claims
- P v NHS Trust – acted for C up to and including at a 3 day trial in claim concerning alleged failure to diagnose fractured scaphoid.
- Dr D v NHS Trust – acting for C in ongoing case involving alleged failure to diagnose lateral knee ligament injury and/or surgically fix fractured patella causing need for major knee reconstruction.
- A Minor v NHS Trust – acting for D in ongoing case involving alleged failures during the replacement of a plaster cast, causing a worsening of the fracture and the need for surgical fixation
- T Protected party v NHS Trust – acted for C in case of alleged negligent failure to diagnose fractured hip in elderly patient; matter successfully settled.
- R v NHS Trust – acting for C in orthopaedic case involving failure to diagnose and treat ankle avulsion fracture causing permanent intra-articular damage and acceleration of arthritis in young patient.
- T v NHS Trust – acting for D in ongoing case involving alleged surgical negligence during procedure to correct hallux valgus, causing avascular osteo-necrosis
Memberships
MCCBA
Free Representation Unit
Gray’s Inn (Lord Uthwatt Scholarship 2005)
Qualifications
M.A Oxon; Philosophy, Politics and Economics (New College, Oxford)
GDL BPP Law School (Commendation)
BVC BPP Law School (Very Competent)

Latest News & Publications

Gemma Roberts represented the successful Respondent before the Court of Appeal in Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA 21....

Date: Mon, 18 Jan 2021
Personal injury and clinical negligence practices, as with much of life, are undergoing sudden and profound changes...

Date: Tue, 26 May 2020
The circumstances in which a Judge or a Tribunal Member might be requested or required to recuse themselves is considered by Gemma Roberts together with the relevant case law....

Date: Tue, 03 Dec 2013