Clinical Negligence

Overview

Old Square Chambers’ Clinical Negligence Team is comprised of a group of highly-regarded specialists whose collective experience enables the team to provide advice and advocacy across the full range of clinical negligence and related disputes.

Chambers is recognised in the legal directories for being “the go-to set for reliable, client-friendly and no-nonsense counsel”. Our clerks are “friendly and approachable” and consistently identified as being “amongst the best” (Chambers and Partners/Legal 500).

To download our Clinical Negligence booklet, please click here.

Old Square Chambers have a long-standing tradition of excellence in clinical negligence work, as demonstrated by the involvement of a number of former members in founding the largest UK charity for patient safety and justice, Action against Medical Accidents (AvMA).

Our team of specialists – with depth, experience and excellence at all  levels – offers advice and advocacy in all aspects of clinical negligence claims, as well as in inquests and the broadest range of other healthcare issues. Our knowledge and experience is enhanced by our experience in personal injury, product liability,   disability and equality law, professional discipline and human rights. This enables Old Square Chambers to provide high quality advice and representation across the entire spectrum of clinical litigation and associated areas.

Because of our experience across the range of health care fields - clinical negligence, professional regulation and discipline, product liability, disability and equality law, inquests and human rights, we provide the highest quality of service across the whole spectrum of healthcare litigation. Our clerks also understand the importance of selecting the right counsel for each case and they too fully understand the requirements of the field.

The leaders of the team are Mary O’Rourke QC and Ben Collins QC. Mary is a highly-regarded specialist in medical regulatory/disciplinary cases, clinical negligence, inquests, public law and medical employment. Ben is a leading silk in clinical negligence, medical employment, medical regulatory work, inquests, public law and human rights.

We strongly believe in working as a team, both internally and also externally with our clients. Counsel will come to you for conferences when required and we are equipped for video conferencing in Chambers. We provide a 24/7 service. All barristers and clerks are contactable by email and telephone out of hours.

The head of one of the largest clinical negligence solicitors firms in the country, who regularly instructs Chambers, recently made the following observation of our team:

“I have found the barristers I have used at Old Square Chambers give excellent advice on the cases I handle. Instructions are dealt with quickly and efficiently and the advice received is excellent both in terms of content and the way it is presented. The barristers I have used have all been very approachable and are always happy to discuss cases over the phone if needed. The wealth of experience available at Chambers in dealing with clinical negligence claims ensures that I receive specialist advice from a highly skilled team.”

Old Square Chambers’ Clinical Negligence Team is comprised of a group of highly-regarded specialists whose collective experience enables the team to provide advice and advocacy across the full range of clinical negligence and related disputes.

Chambers is recognised in the legal directories for being “the go-to set for reliable, client-friendly and no-nonsense counsel”. Our clerks are “friendly and approachable” and consistently identified as being “amongst the best” (Chambers and Partners/Legal 500).

To download our Clinical Negligence booklet, please click here.

Old Square Chambers have a long-standing tradition of excellence in clinical negligence work, as demonstrated by the involvement of a number of former members in founding the largest UK charity for patient safety and justice, Action against Medical Accidents (AvMA).

Our team of specialists – with depth, experience and excellence at all  levels – offers advice and advocacy in all aspects of clinical negligence claims, as well as in inquests and the broadest range of other healthcare issues. Our knowledge and experience is enhanced by our experience in personal injury, product liability,   disability and equality law, professional discipline and human rights. This enables Old Square Chambers to provide high quality advice and representation across the entire spectrum of clinical litigation and associated areas.

Because of our experience across the range of health care fields - clinical negligence, professional regulation and discipline, product liability, disability and equality law, inquests and human rights, we provide the highest quality of service across the whole spectrum of healthcare litigation. Our clerks also understand the importance of selecting the right counsel for each case and they too fully understand the requirements of the field.

The leaders of the team are Mary O’Rourke QC and Ben Collins QC. Mary is a highly-regarded specialist in medical regulatory/disciplinary cases, clinical negligence, inquests, public law and medical employment. Ben is a leading silk in clinical negligence, medical employment, medical regulatory work, inquests, public law and human rights.

We strongly believe in working as a team, both internally and also externally with our clients. Counsel will come to you for conferences when required and we are equipped for video conferencing in Chambers. We provide a 24/7 service. All barristers and clerks are contactable by email and telephone out of hours.

The head of one of the largest clinical negligence solicitors firms in the country, who regularly instructs Chambers, recently made the following observation of our team:

“I have found the barristers I have used at Old Square Chambers give excellent advice on the cases I handle. Instructions are dealt with quickly and efficiently and the advice received is excellent both in terms of content and the way it is presented. The barristers I have used have all been very approachable and are always happy to discuss cases over the phone if needed. The wealth of experience available at Chambers in dealing with clinical negligence claims ensures that I receive specialist advice from a highly skilled team.”

Below is a small sample of recent cases:

  • Roberts v (1) Dr Bhagan (2) Mecorp – Successful cerebral palsy claim settled for very significant sums arising out of obstetric negligence brought in the High Court and Court of Appeal in Trinidad and Tobago.
  • Shoniwa v Central Manchester University Hospitals NHS Trust - A claim for obstetric negligence leading to asphyxia and brain injury to the Claimant’s son and severe psychiatric injury to the Claimant.
  • H v (1) M and (2) TH and others – Ongoing multi million pound claim in the High Court for alleged failure to diagnose a footballer with a serious cardiac condition, subsequently    leading to cardiac arrest and brain injury.
  • Barlow v MOD  - Complex obstetric negligence claim considering whether claimant suffers from cerebral palsy or dyspraxia.
  • Wain (Deceased) v Derby Hospitals NHS Foundation Trust – Successful claim for damages following death of a young mother after a failure to communicate a  diagnosis of HIV.
  • Matuszczak v Mid-Cheshire Hospitals NHS Trust - A claim for psychiatric illness resulting from the still birth of the Claimant’s baby.
  • Morrison v MOD - Very high value claim arising from neonatal stroke following misdiagnosis of heart condition.
  • Addicott v Heart of England NHS Trust - Successful claim for DDH in a claim brought over 35 years out of time.
  • Frankel v Dr Brown and Partners - Ongoing claim involving a failure to refer patient suffering from terminal multiple myeloma by GP.
  • Haji v The North London West Hospitals NHS Trust - A case alleging obstetric negligence leading to brachial plexus palsy.
  • MG v BFWH – Claim for failure to diagnose bowel cancer leading to premature death. The claim is brought against the GP and the hospital, and includes a subsequent allegation of failure to identify and treat an anastomotic leak.
  • Hill v North Bristol NHS Trust - Failure to diagnose breast cancer; formed part of major inquiry.
  • Scott v Frimley Park Hospital NHS Trust and others - High value military claim arising from long-term mismanagement of compartment syndrome.
  • AK v CMU - A claim for delayed diagnosis of bowel and liver cancer leading to perforation of the tumour through the bowel wall, and giving rise to a severe locally recurrent disease. The Claimant’s prognosis is alleged to have been significantly compromised and the claim is now proceeding by way of expedited directions.
  • Thomas v Ottavianni – Successfully represented the Claimant in a claim for negligent breast augmentation and lack of consent.
  • AE v ULH NHS Trust  -  Cerebral palsy claim settled for over £10 million.
“'No set can compare to the quality’ at Old Square Chambers, which has ‘well-rounded strength in depth’. Ben Collins QC is ‘a pragmatic counsel with an excellent personal touch'. Mary O’Rourke QC is ‘an outstanding advocate… an inspiration to watch and a shining example of what a silk should be'. David Wilby QC ‘works really well with experts and approaches his cases with great enthusiasm’. Charles Woodhouse is ‘recommended for complex birth cases’. ”

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