Clinical negligence is a core area of expertise for 12KBW. We have a team of more than 40 highly experienced silks and juniors, who are regularly instructed in clinical negligence cases.

Members of our clinical negligence team act on behalf of both claimants (privately and publicly funded), as well as defendants, including NHS Trusts, medical defence organisations, and privately insured practitioners and private hospitals. We have considerable experience in all aspects of clinical negligence, including:

  • Failure and delay in diagnosis
  • Misdiagnosis
  • injuries / death caused by substandard or inappropriate treatment, including negligently performed surgery
  • Delay in provision of treatment
  • Catastrophic birth injuries
  • Failure to obtain informed consent
  • Failure to provide suitable care and/or treatment to the mentally ill
  • Dental malpractice
  • Cosmetic surgery

We are regularly instructed to appear at inquests, to represent families and other interested parties, including NHS Trusts and private healthcare organisations when clinical negligence / neglect / gross negligence manslaughter is suspected.

Our barristers have been involved in the following recent, notable cases:

  • HS v Lancashire Teaching Hospitals NHS Trust (assessment of damages in catastrophic brain injury case)
  • Hamed v Mills and Tottenham Hotspur Football and Athletic Ltd (liability for brain injury arising out of cardiac arrest in a young footballer)
  • Simon v Imperial College Healthcare NHS Trust (consideration of Reaney issues)

In addition to providing outstanding advice and representation in matters concerning clinical negligence, we are committed to providing training to the wider legal and medical communities, and we have a programme of lectures and seminars dedicated to topical subjects and developments in clinical negligence law.

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