Clinical Negligence

At Old Square Chambers, 'a highly specialist service is consistently experienced'. David Wilby QC is noted for his experience in high-value claims. The set has particular expertise in brain damage and cerebral palsy claims.
Legal 500
Old Square Chambers has a longstanding tradition of excellence in clinical negligence work. The Group were founder members of Action Against Medical Accidents (AvMA) and offer specialist advice and advocacy to both claimants and defendants in all aspects of clinical negligence claims and a wide range of healthcare issues.
Our teams' experience ranges from dental negligence, and the smaller obstetric and orthopaedic claims, to complex, multi-million pound cerebral palsy, brain injury and catatrophic injury claims.
Areas of expertise include:
  • Brain injury
  • Cerebral Palsy
  • Cosmetic surgery
  • Erroneous prescriptions/treatment
  • Failure to refer
  • Inquests
  • Inquiries
  • Late diagnosis
  • Misdiagnosis
  • Neo-natal and pregnancy related issues
  • Neurosurgery
Our outstanding expertise in clinical negligence is supplemented by the experience of many of the team in personal injury, product liability, inquests and professional discipline. Unlike many of those who practice solely in clinical negligence and disciplinary tribunals, Old Square Chambers is able to provide high quality advice and representation nationally across the whole spectrum of clinical litigation and associated disciplinary tribunals.
Additional expertise
Members of the Team regularly chair and speak at nationally recognised conferences. Past topics have included "Cerebral Palsy Litigation: A Fresh Approach", "Understanding High Value Claims", "Shoulder Dystocia: A Latest Perspective", "Preparation of Care and Gratuitous Care Claims" and "Periodic Payments".
Old Square Chambers also has a strong practice in professional negligence arising out of clincial negligence claims. Old Square Chambers have continued to be at the forefront of professional disciplinary work particularly within the Healthcare Sector. Mark Sutton QC and Mary O’Rourke QC, spearhead an impressive array of specialists within this sector, with the team's reputation renowned for its depth, experience and excellence, at all levels.
Recent Notable Cases
  • Inquiry into Hyponatraemia Deaths in Northern Ireland - inquiry being held into the deaths of 5 children in Northern Ireland over a period of 10 years starting in 1995 and where all the deaths involved fluid overload and consequently low sodium leading to brain stem death.
  • Ian Paterson breast surgery cases - multiple claims being brought arising out of private breast surgery undertaken over a number of years from 2000 to 2007 - being termed "cleavage sparing mastectomies". Also claims relating to unnecessary mastectomies and some claims alleging risk of cancer recurrence due to manner surgery performed.
  • Hamed v. Mills & Tottenham Hotspur FC (2012) - multi-million pound claim by young former professional footballer who suffered a cardiac arrest on the field of play during a youth football tournament and, as a result of delays in resuscitation and treatment, has been left significantly neurologically impaired and unable to live independently.
  • Scullion v. Hunter & Belfast Hospitals Trust (2012) - claim arising out of failure by GP, and subsequently hospital, to pick up significance of visual disturbances for a spina bifida patient referred to them by his optician.
  • Bucktrout v. Bradford Hospitals NHS Trust - child born with hydrocephalus stent inserted shortly after birth. Failure by hospital to detect stent not operating and not draining fluid resulting in massive brain injury.
  • David Simms v. Nottingham University Hospitals NHS Trust (2012) - 43-year-old male whose leg had to be amputated when the hospital negligently failed to deal with a blocked artery in his leg after he had an angioplasty to repair an aneurysm.
  • Scott v. MOD (2012) - very complex claim for misdiagnosis/mistreatment of compartment syndrome in serving Parachute Regiment soldier.
  • Wendy Potter v. Chesterfield Royal Hospital NHS Foundation Trust, Dr Woodcock and Dr Abell (2012) - failure by GPs and the dermatology department of hospital to diagnose a sarcoma (cancer) in claimant’s leg at an early stage resulting in unnecessary excision surgery and radiotherapy.
  • Clare Winsor v. Mr M E Qureshi (2012) - claimant underwent ophthalmic surgery to fit an intraocular lens to one of her eyes. Her vision was otherwise severely impaired in the other eye. A lens of incorrect strength was fitted, alleged to have lead to further unnecessary surgery to replace the lens and an increased risk of developing posterior capsule opacification.
  • David Brown v. Buckinghamshire Hospitals NHS Trust (2011) - for claimant who suffered paraplegia as a result of being negligently hoisted by Stoke Mandeville Hospital following admission for simple leg and arm fractures.
  • Faye Sara Thomas v. Antonio Ottaviani (2011) - claim for negligent performance of breast augmentation surgery and a failure to inform the claimant of the risks associated with becoming pregnant thereafter resulting in unnecessary further surgery and a lengthy period of distress and an unsatisfactory cosmetic result.
Practice Area Barristers
Nigel Cooksley QC
Jane McNeill QC
David Wilby QC
Mary O'Rourke QC
Christopher Makey
Alan Smith
Brian Cummins
Ben Collins
Charles Woodhouse
Brent McDonald
Bella Morris
Adam Samuel
Andreá Risoli
David Cunnington
Christopher Edwards
Nicola Newbegin
Rosalie Snocken
Francesca Lewis
Metropolitan Police race discrimination case begins
Old Square team win case regarding classification under MHPS type procedures
Lu v. Nottingham University Hospitals NHS Trust
Otis Ferry criticised by a judge for his joint attack on two hunt monitors
Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber)
  News Archive »
Michelle Fynes v. St George's Hospital NHS Trust
Lu v. Nottingham University Hospitals NHS Trust
The Queen on the Application of UNISON v. The Lord Chancellor and The Equality and Human Rights Commission (Intervener)
Deborah Harrod & others v. Chief Constable of West Midlands Police and others
Chhabra v West London Mental Health NHS Trust
  Cases Archive »
Melanie Tether examines the TUPE Regulations
Costs Budgeting: Recent Developments
How not to run a professional disciplinary case
PRACTICE AND PROCEDURE - An Overview of the Key Provisions & ET Fees
Strike Out (3) - Mark Whitcombe examines the employment tribunal's approach to striking out
  Articles Archive »
  Quality Mark | DDA Compliance | Links | Equal Opportunities | Sitemap | Employment & Discrimination | Professional Discipline | Personal Injury | Clinical Negligence | Product Liability
Environment | Health & Safety | Public Inquiry | ADR/Mediation | Copyright© Old Square Chambers | Privacy Policy | Data Diversity Survey | Website developed & maintained by Sygnia