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clinical negligence


First rate healthcare is the primary objective for all health providers. But if patients are dissatisfied and claims are brought, this can be a source of great stress for everyone involved. We understand the challenges you face and we provide pragmatic solutions, handling claims quickly, efficiently and sensitively and collating evidence to help you reduce risk.

what we do...

  • One of the largest dedicated clinical negligence teams in the UK including 11 partners representing healthcare providers across the UK.

  • Members of the NHS Litigation Authority and Medical Protection Society panels as well as acting for insurers of private healthcare providers.

  • We have extensive experience of claims, from large obstetric brain damage and shoulder dystocia to claims against prison healthcare providers.

  • Advising NHS clients in relation to multi-million pound settlements by way of Periodical Payment Orders (PPOs).

  • Joint and several defendant proceedings.

  • Review and “lessons learned” in regards to claims, inquests and complaints.

  • Pioneering solutions – we devised a unique process for handling hundreds of claims from children who had been inappropriately medicated using a panel of experts who meet with the parents to decide on all the issues without going to court.

  • Known for a tenacious and thorough approach to investigations on complex cases, resulting in favourable liability settlements on cerebral palsy cases saving the NHS millions of pounds.

related resources

Legal updates

International Patient Safety Day – achieving a safety culture in the NHS

The fact that the focus of this year’s International Patient Safety Day on 17 September 2019 is ‘Safety culture at all levels’ illustrates the vital role culture has to play in the provision of safer care across all healthcare settings.

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CQC and health & care regulatory update - June 2019

Carl-May Smith provides an enforcement and prosecutions update including looking at recent prosecutions of Registered Managers.

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Legal updates

Negligent medical treatment not sufficient to engage State responsibility under Article 2 ECHR

The recent judgment of R (on the application of Maguire) v Her Majesty's Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin), reaffirms that individual acts of medical negligence are not sufficient to engage State responsibility under Article 2 ECHR.

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Legal updates

Maternity matters - the ongoing journey to achieve safer care

2019 is set to be another significant year for NHS Trusts seeking to make improvements in maternity care and help realise the national maternity ambition to reduce by half the number of stillbirths, maternal and neonatal deaths and brain injuries that occur during or soon after birth by 2025.

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