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 provide expert but pragmatic solutions, resolving claims quickly, efficiently and sensitively. We act for NHS and private providers (and their insurers and indemnifiers) across England and have been members of the NHS Resolution and MPS panels for many years.
Featured experience
Mediation
All of our lawyers are trained on, and experienced in, mediation. We work collaboratively with many leading claimant firms so that we can resolve genuine claims swiftly, minimising distress. We’ve set up a number of ADR schemes where there are multiple claims relating to the same clinician.
Fraud
We work closely with our in-house counter fraud specialists and have considerable experience of detecting and preventing fraudulent claims against healthcare providers and recovering costs for them on this basis. Our reported fraud cases include Elder v George Eliot Hospital NHS Trust, where we established that the Claimant’s claim for £2.3m was “fundamentally dishonest”, subsequently obtaining a contempt of court conviction against her, which received much media coverage. We also represented the Defendant surgeon in Payne v Simpson, where a fundamental dishonesty finding was upheld on appeal.
Maternity
We have a dedicated maternity team, which specialises in obstetric claims and related issues. We have more than 25 years’ experience in dealing with claims and investigations involving cerebral palsy and maternal and baby deaths. We also represent diagnostic ultrasound providers and independent midwives. Our team has been working closely with a number of healthcare providers to support their implementation of the Ockenden recommendations.
Dental
Our dedicated dental negligence team deals with claims arising from a range of dental specialties, including general dentistry, conservative dentistry and endodontics, periodontology, orthodontics, prosthodontics, oral and maxillofacial surgery. We have many years’ experience advising on such claims and have been a key advisor to one of our clients on vicarious liability and non-delegable duty of care, which have been at the forefront of all practice owners’ minds as well as changing the scope of insurance and indemnity.
Key contacts
Lorna Hardman
Partner
Ian Long
Partner
Louise Jackson
Partner
Testimonials
“In the wholly unexpected and very fast moving developments during last week - you had to take on board an exceptional turn of events which I suspect most lawyers will never encounter during their career. From my perspective, your support and understanding of the changing landscape was both reassuring and a clear indication of your abilities...”
“Thank you so much for … everything you and your team have done to achieve success in this case. Your tireless efforts and work are an inspiration … I would like to thank you for your "personal touch" to the case, your support and understanding.”
You may be interested in...
Online Event
Mock Inquest Training Sessions
Legal Update
Cauda Equina Syndrome and application of the new GIRFT pathway
Legal Update - Shared Insights
Shared Insights: The Patient Safety Incident Response Framework
Opinion - Maternity services
Baby Loss Awareness Week
On Saturday 15 October a wave of light swept the internet when thousands of people flooded social media with pictures of candles to remember the babies that they have lost. This event signifies the end of Baby Loss Awareness Week which aims to break the silence that is associated with baby loss in pregnancy and infancy.
Legal Update - Shared Insights
Shared Insights: Focus on emergency medicine
In our latest Shared Insights session, Focus on Emergency Medicine, chaired by Jennifer Fagin and Amelia Newbold, we were pleased to be joined by: Dr Alex Crowe, Deputy Director Incentive Schemes & Academic Partnerships, NHS Resolution and Consultant Nephrologist and Miss Susie Hewitt MBE, Consultant in Emergency Medicine, University Hospitals of Derby and Burton NHS Foundation Trust.
Opinion - Maternity services
The impact of COVID-19 on maternal deaths
HSIB published its report on Maternal deaths during the first wave of COVID-19. The report takes a closer look at the impact that COVID-19 had during the initial period of March to May 2020.
Legal Update - Shared Insights
Shared Insights: The impact of Ockenden and implementation of the IEAs from ward to Board
In this session, our speakers discussed the final Ockenden report, the Midwifery Perspective, the Board Perspective, and the Wider national initiatives - Monitoring May.
Opinion
Learning from Emergency Medicine compensation claims
Every year a high number of patients attend Emergency Departments (EDs) in England, often presenting with complex and wide-ranging symptoms. Many of these challenges were explored in the Getting It Right First Time Emergency Medicine Report, published in 2021.
Legal Update - Maternity services
The Ockenden Final Report – a blueprint for safe maternity care from ward to Board
The much anticipated final Ockenden report was published on 30 March 2020. The final report sets out the findings of the review into care provided to 1,486 families, and sets out a blueprint for safe maternity care.
Opinion
Paul v Royal Wolverhampton NHS Trust and Purchase v Ahmed
Legal Update - Shared Insights
Shared Insights: Preparing for 2022 – the big issues for legal teams across health and social care
We were delighted to be joined by Dr Nigel Sturrock, Regional Medical Director for the Midlands at NHS England and NHS Improvement. He gave an overview of the pressures placed on the NHS by the pandemic, including the impact on urgent and emergency care, elective procedures and staffing.
Legal Update - Shared Insights
Shared Insights: Safeguarding Forum - Safe discharge and conveyance of patients
It is important to bear in mind the legal framework when planning discharge and conveyance plans but practicalities are also key.
Opinion
World Patient Safety Day 2021 - safe maternal and newborn care
Given the ongoing scrutiny of maternity services following publication of the Ockenden preliminary report in December 2020, it is timely that World Patient Safety Day on 17 September 2021 has a focus on safe maternal and newborn care.
Legal Update - Shared Insights
Shared Insights: Implementing the Ockenden Immediate and Essential Actions for safe maternal and newborn care
In this Shared Insights session we provided an overview of the implementation of the Ockenden Immediate and Essential actions.
Training - Maternity services
Maternity mock inquest - film 1
Consent is often a key issue in obstetric claims and if it is relevant to the facts of the death, its likely to be an area explored by a coroner.
Training - Maternity services
Maternity mock inquest - film 2
This video illustrates some of the issues that can arise when a witness is poorly prepared.
Training - Maternity services
Maternity mock inquest - film 3
This film highlights the importance of creating an open and transparent culture where staff feel able to speak up will help Trusts to identify problematic practise before significant issues arise.
Legal Update - Shared Insights
Shared Insights: The Covid-19 pandemic – the challenges for in house legal teams
This shared insight is on indemnity issues stemming from the Covid-19 pandemic and looks the issues that Trust legal teams have faced over the last 12 months during the pandemic.
Legal Update - Shared Insights
Shared Insights: Key themes arising from obstetric claims and inquests
This shared insight looks at the NHS Early Notification team and helping Trusts with cases where babies have died following birth or where mothers have sustained severe injuries during childbirth, speaking of the consequences of these claims and the current focus on safety in maternity services.
Legal Update - Shared Insights
Shared Insights: Claims update and look ahead to the issues that will shape the approach to claims in the NHS in 2021
Insights were shared on procedure, witness statements, withdrawing admissions and taking screenshots and photos in remote hearings.
Opinion
Increasing organisational resilience in maternity services
On 12 November 2020, the HSIB published its latest national investigation report on maternity safety - what are the likely implications for maternity services?
Legal Update
Health and care newsletter - October 2020
This health newsletter talks about the focuses on topics relevant to the resolution of healthcare disputes.
Legal Update
Claims arising from death – recent developments and a refresher
In this article we explore some recent changes to claims arising from death and provide a brief refresher on how these are calculated.
Legal Update
Relationships with patients and their representatives
As a national law firm, Browne Jacobson works with healthcare organisations across the country, helping resolve patients’ disputes efficiently, fairly and with integrity.
Legal Update
In conversation with...Sian Brown: NHS Resolution’s Early Notification Scheme
Sian Brown is one of Browne Jacobson’s Partners and the head of the Early Notification Team. Find out more about Sian here.
Legal Update - Shared Insights
Shared Insights: Learning from claims - effective triangulation of data
Focused on effective triangulation of data and learning from claims.
Legal Update
Medical Protection Society successful with fundamental dishonesty ruling
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.
Legal Update - Shared Insights
Shared Insights: Supporting clinicians through investigations, complaints, claims and inquests
The second victim and supporting clinicians through investigations, complaints, claims and inquests.
Legal Update - Shared Insights
Shared Insights: The benefits of mediation for NHS trusts
Mediation is an effective forum for claims resolution by providing injured patients and their families the opportunity to receive face-to-face explanations and apologies and a platform to articulate concerns that would not ordinarily be addressed in other forms of dispute resolution.
Legal Update
Systemic failure or medical negligence?
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.
Legal Update - Shared Insights
Shared Insights: Collaborative working with patients' solicitors - courts, claims and litigation update
Sarah Stork, Senior Associate, provides an update on how the courts are dealing with litigation during the Covid 19 pandemic.
Legal Update
High Court denies relief from sanctions
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.
Opinion
The impact of coronavirus on the management of complaints and serious incident investigations in the NHS
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?
Legal Update
High Court confirms alternative provider medical services contracts can take effect as “NHS Contracts”
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.
Legal Update
Clarification in Psychiatric Secondary Victim Claims: Proximity in “Omission” Cases
Charles Bagot QC and Browne Jacobson LLP, instructed by NHS Resolution on behalf of The Royal Wolverhampton NHS Trust, secured the strike out of two secondary victim claims.
Opinion
Maternity matters - learning lessons from early notification
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).
Legal Update
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.
Training
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.
Legal Update
Charity Commission opens inquiry into care charity following Coroner's report
In May 2016 an inquest into the charity’s care was opened following the death of Sophie Bennett.
Legal Update
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.