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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.
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.
In Simpson v Payne, the Defendant Applicant (Defendant) was successful before His Honour Judge Murdoch in their application for a finding of fundamental dishonesty against the Claimant resulting in an enforceable costs order against the Claimant directly.
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Lord Burnett handed down Judgement at the RCJ on 10 June 2020 of the following case which is the latest in a line of authorities to explore the engagement of Article 2 at Inquests concerning medical care/treatment, reaffirming the point that such cases will not ordinarily trigger the need for an Article 2 inquest.
In Magee v Willmott Browne Jacobson successfully appealed on behalf of the Defendant a lower court decision to allow the Claimant relief from sanctions to rely upon expert evidence served after the deadline had passed for exchange and not to strike out part of the Claimant’s case which was unsupported by the Claimant’s breach expert and where no case on causation had been pleaded.
In SSP Health Ltd v NHS Litigation Authority [2019] EWHC 3291 (Admin), Browne Jacobson LLP successfully acted for NHS England in relation to a judicial review challenge brought by SSP Health Ltd (“the Claimant”) following a decision made under the NHS Dispute Resolution Procedure not to award the Claimant interest in relation to a breach of the terms of 22 Alterative Provider Medical Services (“APMS”) contracts.
Market sources say: "They are formidable opponents who are also pragmatic in their approach to negotiating."
Interviewees describe the team as "well organised, knowledgeable and pragmatic."
Commentators say: "They are really energetic and noticeably engaged. They are passionate about what they're doing and have a really efficient set-up." Interviewees say: "The communication is superb; they are accessible and they provide a fast response."
Browne Jacobson LLP has ‘real excellence amongst at all levels' and 'a track record of achieving results’.
One client notes: 'As a whole the team demonstrates public sector values that resonate with us while also maintaining a sensible business approach and pragmatic high-level legal advice.'
Another source says: 'They have a strong team – they are consistent and they marshal their troops very well.'
Browne Jacobson LLP fields a ‘superb team whose client care is second to none; it is supportive throughout of the defendant and very aware of the great strain that litigation puts on them’.
They are excellent lawyers who are easy to contact and have a can-do attitude. They're calm in a crisis and offer a wealth of experience.
Their staff are friendly and engaging and they consistently demonstrate a tenacity to defend claims where there is an important principle at stake.
An extremely effective and efficient player in the medical defence field.
Christine Brown v Dr Hamid [2013] EWHC 4067 (QB), the case resulted in an important limitation on the damages recoverable where negligence has only caused a brief acceleration of a patient’s death.
Kadir v Mistry [2014] ALL ER (D) 247 – the case raised novel points of law regarding fatal injuries which were considered by the Court of Appeal.
Represented a trust in relation to judicial review proceedings following a complex and lengthy jury inquest. The decision was upheld by the Court of Appeal and is one of the leading cases on judicial bias.
Given the significant challenges and resource implications of the coronavirus on all NHS staff, how should Trusts manage and respond to complaints and Serious Incident Investigations? Do the relevant time limits still apply?
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NHS Resolution has released a report on the first year of the innovative Early Notification (EN) Scheme. The Early Notification scheme progress report: collaboration and improved experience for families draws together key themes and recommendations from an analysis of cases from the first year of the scheme (2017/2018).
The way in which the NHS investigates when things go wrong in order to identify learning and prevent future harm is very much in the spotlight with a number of high profile reports and reviews identifying significant weaknesses in the current system.
On 28 November 2017, the government announced its refreshed maternity safety strategy to prevent avoidable serious incidents in maternity services.
We provide a package of services for supporting data protection managers. Our DPA breach support services minimise the risk of a data protection breach.
The helpline is staffed by qualified employment solicitors, giving you access to sensible and practical advice.
Even many years after the implementation of the Mental Capacity Act, there is still a long way to go to get it fully embedded in health and social care practice.
In partnership with Nottingham CityCare, we have developed a fixed price end-to-end solution to handle the processing of retrospective Continuing Healthcare claims.
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