Medical Law & Personal Injury

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Doughty Street Chambers offers a comprehensive medical law and personal injury service with inter-disciplinary expertise in cases involving human rights, international claims, public law, mental health, "best interests" and community care issues.

The team provides high quality legal advice and representation at all levels. According to Legal 500 "[this] highly acclaimed medical law team has vast experience in high-profile, multi-party claimant actions" and "is the foremost claimant and group action set". The team is recognised as a leading set by Chambers & Partners in the fields of clinical negligence, personal injury and product liability. Six team members are identified as leaders in their field.

Client care lies at the heart of the team approach to personal injury and clinical negligence work. Particular emphasis is placed on dealing sensitively and tactfully with clients and making complex litigation and decision-making readily understandable. Practitioners recognise that in fast moving litigation they must be accessible to solicitors. Chambers has conference facilities for people with disabilities and provides a video-conferencing service.

In clinical negligence practitioners offer experience in cases from the most complex High Court cases such as cerebral palsy trials to dental negligence in the County Court. Both senior and junior tenants are instructed in personal injury matters that range from catastrophic injuries, complex physical and sexual abuse claims to County Court trials.

Chambers have been instructed in many leading liability and procedural cases in these fields, including Heil v Rankin (level of general damages), Warren v Northern General Hospital NHS Trust (setting of discount rate), Masterman-Lister v Jewell (test for being a "patient" under the Mental Health Act), Sutradhar v Natural Environmental Research Council (duty of care), Rahman v Arearose (apportionment of damages between defendants), Biesheuvel v Birrell (highest ever personal injury award), Hardman v Amin, Groom v Selby (damages for 'unwanted' disabled child), Briody v St Helens (damages for costs of surrogacy) and Afrika and others v Cape Plc (costs in group actions).

Doughty Street has wide-ranging experience in the representation of claimants in group actions. Members have appeared in most of the high profile group actions in recent years, including CJD, Myodil, Tobacco, BSE, Norplant, Hepatitis C, Oral Contraceptive Pill, Gulf War Syndrome, Alder Hey, South African mining claims, FAC litigation, MMR, Seroxat, North West Homes litigation, Bangladesh water poisoning litigation, and the PTSD, Porton Down, Kenyan Rape and Masai claims against the Ministry of Defence.

We offer substantial experience in advocacy at Public Inquiries and Inquests as well as in related judicial review hearings. Members of the team have appeared before the Ashworth Inquiry, the BSE Inquiry and the Porton Down Inquest.

A considerable amount of legal negligence work rising out of lost or mishandled personal injury and clinical negligence claims and healthcare professional conduct and regulatory work is also undertaken.

A number of the team have edited or contributed chapters to practitioner textbooks on personal injury law, clinical negligence, professional negligence and group actions.

Solicitors are invited to attend CPD training, seminars and master classes on current topics which are held in chambers or at solicitor offices on request.

Team Members

Seminars & CPD

• Erb's Palsy claims and how to win them

  Thursday 23 February 2012 from 17:00 to 19:00

  Location: Doughty Street Chambers, 53-54 Doughty Street, London, WC1N 2LS Speakers: Andrew Farkas (Obstetrician), Heather Greenway (Midwife) & Chris Hough , (Barrister, Doughty Street …

  
  

Cases

Recent cases include:

Bailey v MOD, [2009] 1 W.L.R. 1052: The leading authority on "material contribution" and the circumstances in which modification of the "but for" test is permitted.

X v A SHA, [2008] EWHC 2727 (QB): The highest ever personal injury court award for an English national, as well as the largest ever periodical payment order (amounting to some £250,000 per annum). This case also featured important decisions from Justice Jack on inter alia the impact of the Pension Act 2010 and the use of the 60-week year in respect of care claims.

Leeson -v- Marsden, [2008] EWHC 1011, one of the first successful challenges to the application of the rule in Horton -v- Sadler [2006] UKHL 27 permitting claims in second actions where the first claim was struck out for non-compliance with court rules.

Knott v Leading, [2010] EWHC 1827 (QB): High value claim arising out of an alleged failure to diagnose symptoms of meningitis. This case is currently being appealed to the Court of Appeal.

Thompstone v Tameside Hospital NHS Foundation Trust, [2008] EWCA Civ 5 and Thompstone remitted, [2008] EWHC 2948 (QB): The landmark case on indexation of PPOs.

Mutua & 4 others v FCO: Sixty year old claim for personal injury arising out of alleged torture on the part of the Colonial Administration in Kenya.

Guerrero & Others v Montericco & Another: Group action against a British based mining company for complicity in the torture of environmental protestors in Peru.

Richards -v- Swansea NHS Trust [2007] EWHC 487 (QB): 30 minute rule for caesarean sections

Savage v South Essex Partnership NHS Trust, [2009] 1 A.C. 681: House of Lords decision on the scope of article 2 in the context of patients detained under the Mental Health Act.

Slevin v London Strategic Health Authority 2009 - Cerebral palsy claim settled for lump sum of £2.35 million and periodical payments of £247,500 pa. Approved by Mr Justice Plender.

Franks v Northampton General Hospitals 2009 - MRSA infection leading to osteo-myelitis and amputation. Claim settled for £800,000.

Langford v City Hospitals NHS Trust 2009 - Amputation case arising from failure to diagnose Buerger's Disease (and advise to stop smoking cigarettes) leading to settlement of £1 million before deduction for liability discount.

J v Homerton HA, 2010: Believed to be the highest ever award personal injury arising out of a deafness claim. Multi million pound claim arising of perinatal gentamicin toxicity resulting in deafness and a constellation of behavioural and intellectual after-effects.

AB and others v Nugent Care society, [2010] EWHC 1005: Key case on limitation in the context of sexual abuse claims.

Ogbonna v Nigeria, UKEAT/0585/10/ZT: Important decision by the President of the EAT on the definition of 'personal injury' under international law for the purposes of state immunity.

Rachel Elizabeth Knott v Alan D Leading [2010] EWHC 1827 (QB): The court determined that a doctor had not failed to diagnose symptoms of meningitis following his examination of a patient who was later diagnosed with the disease.


FP v Taunton & Somerset NHS Trust [2009] EWHC 1965 (QB) An interim payment of £1.2 million was appropriate in a claim for the wrongful birth of a severely disabled child where a cautious view of the evidence justified taking the age of 20 in respect of life expectancy and where there was an immediate need for new accommodation appropriate for the child's disabilities.

Jason Goby (a child by his father & litigation friend Andrew Goby) v Barrie Ferguson [2009] EWHC 92 (QB) A doctor had breached her duty of care by failing to investigate the history of a child's illness which included constant headaches. Had that history been investigated, and in the absence of any viral symptoms, it would have led to the child being admitted to hospital and being diagnosed and treated for tuberculosis meningitis. References: LTL 27/1/2009 : (2009) 106 BMLR 120, Document No.: Case Law - AC0119719


Chloe Langdon (by her litigation friend Natasha Osborne) v D L Williams [2008] EWHC 741 (QB) A general practitioner was liable in negligence to the claimant in a personal injury action for his failure to properly examine her during a consultation and his consequent failure to properly diagnose her as suffering from meningitis. QBD (Henriques J) 25/4/2008
, References: LTL 2/5/2008, Document No.: Case Law - AC0117075


YM (by her litigation friend EH) v Gloucestershire Hospitals NHS Foundation Trust & anr [2006] EWHC 820 (QB)
The continuity of periodical payments for future pecuniary loss in respect of personal injury caused by clinical negligence was reasonably secure, under the Damages Act 1996 s.2(3), as a result of arrangements made between the NHS Litigation Authority, the parties and the secretary of state. The arrangements ensured that the NHSLA was the effective source of payments under the periodical payments orders and that the orders could be directly enforced against the NHSLA if necessary. QBD (Forbes J) 12/4/2006
References: LTL 21/4/2006 : (2006) PIQR P27 : (2006)Lloyd's Rep Med 309, Document No.: Case Law - AC0110872

EE Eric Kingsberry v Greater Manchester Strategic Health Authority [2005] EWHC 2253 (QB) A hospital had breached its duty of care by proceeding to deliver a baby by forceps delivery on the ward in circumstances where accepted obstetric management technique had required a trial of forceps in theatre. The resulting cerebral palsy suffered by the baby had been caused by the hospital's negligence.
[References: LTL 9/11/2005 : (2006) 87 BMLR 73, Document No.: Case Law - AC0109803

Wright -v- Cambridge Medical Group [2011] EWCA Civ CA (causation in third party referral cases and scope of duty issues in clinical negligence claims).

What the Directories say

Chambers & Partners - Personal Injury, 2011

Doughty Street is well known for its clinical negligence work, but is also highly regarded for its handling of personal injury matters. Leading barristers at this set primarily act for claimants, and have distinguished themselves by appearing in numerous high-profile group actions in recent times.

The "exceptionally able and dynamic" Richard Hermer QC is a difficult man to categorise as he is successful in a wide range of legal disciplines. His most prominent appearance has been in the Trafigura cases regarding the dumping of toxic waste off Côte d'Ivoire. He wins accolades along with Robin Oppenheim QC, a lawyer who applies "superb thought processes" to complex personal injury matters.

Daniel Bennett is a top junior at the set, known for his "good client manner and coherent advice" as well as a notable willingness to apply his skills to fresh areas of law. He is a leading industrial disease barrister, handling a broad range of matters including asbestos-related diseases, work-related cancers and noise-induced hearing loss.

 

Chambers & Partners - Clinical Negligence, 2011

Doughty Street Chambers deals exclusively in claimant clinical negligence matters and is noted for the gusto it brings to its cases. Those who instruct the set do so as they are assured of dealing with "bright, sympathetic people whose client-handling skills across the board are quite superlative."

Christopher Gibson QC has a reputation for being "thorough and helpful." He specialises in complex claims across a range of medical disciplines and is noted for being "pleasant and gentle with clients." Fellow silk Robin Oppenheim QC is phenomenally clever and has exceptional analytical skills. His "appreciation for the detail of a case and his understanding of its complexities" give him the advantage over many of his rivals, according to commentators. They further say that "he adds value to any case he's instructed in."

Christopher Hough is a highly efficient junior, who turns his papers round very swiftly and inspires devotion in solicitors through the quality of his advice. He is comfortable however challenging the case, a statement that is also true of Paula Sparks. Sparks is particularly good with vulnerable clients, and commentators draw attention to the sensitive way she "gives very appropriate, sympathetic advice."

 

Legal 500, 2010

Doughty Street Chambers has a good range of experienced barristers, and clients report that clerking has improved significantly in recent months. Robin Oppenheim QC is 'an outstandingly brilliant legal brain', who is 'exceedingly thorough' and 'quick to get to grips with the most complex of cases'. Christopher Hough is 'experienced', 'able', and extremely quick in turning paperwork around. Paula Sparks is also recommended for her 'excellent client care' and expertise in inquests. The 'perceptive' and 'reliable' Daniel Bennett is also recommended for MRSA and C diff hospital acquired infections

Chambers & Partners, 2010

Clinical Negligence

Concentrating on claimant matters, this set is endorsed both by solicitors and by barristers based at competitor sets. Robin Oppenheim QC continues to win plaudits and to act in some of the most high-profile work in the field. He is considered to be "extremely intelligent, meticulous and analytical in his approach to cases." "Robust in his advice and advocacy," he elicited further praise for his "wonderful manner with clients." Fellow silk Christopher Gibson QC is "especially client-friendly." Sources explain that "he is extremely bright and yet not at all remote. He is one of the best barristers for turning a complex problem into something that can be understood by everyone." Amongst the juniors, Christopher Hough is "one of the quickest and most reliable barristers in this sector," say solicitors. He was further praised for his "outstanding analytical skills and for taking a realistic view of different issues." Interviewees also admire Paula Sparks' broad medico-legal practice, which encompasses product liability claims, cases with substantial human rights issues and inquests, as well as standard civil claims. Sources appreciate her "depth of experience" and "down-to-earth approach."

Personal Injury

This claimant-focused outfit is better known for its clinical negligence work, but continues to command the respect of solicitors and the Bar alike on the personal injury front. Its efforts in this area are spearheaded by two "stellar silks," Richard Hermer QC and Robin Oppenheim QC. Both men enjoy "extremely busy practices," encompassing both clinical negligence and high-value catastrophic or multiparty personal injury cases. Oppenheim has been working on behalf of the Northwick Park claimants in a high-profile claim arising from a drugs trial, in which the subjects suffered significant autoimmune injuries as a result of their exposure to an experimental drug. Junior Daniel Bennett is "the very embodiment of toughness when in court." "Hugely intellectually able" and the architect of a massive practice, he "bows to no one when pursuing the claimant's cause." Bennett has recently joined the set from Old Square Chambers and is the founding member of Doughty Street's new Bristol operation.

Personal Injury: Industrial Disease (All Circuits)

Junior Daniel Bennett is "the very embodiment of toughness when in court." "Hugely intellectually able" and the architect of a massive practice, he "bows to no one when pursuing the claimant's cause." Bennett has recently joined the set from Old Square Chambers and is the founding member of Doughty Street's new Bristol operation.