Clinical Negligence Briefing: March 2023

Welcome to the March 2023 edition of the Clinical Negligence briefing. Here, Laura Begley and Ella Davis bring you commentary on some of the notable clinical negligence cases reported over the last few months, touching upon a range of issues from consent and causation, to civil procedure.

Laura and Ella are experienced clinical negligence barristers. Laura has considerable experience in brain, spinal and other catastrophic injury claims. In 2022 she won Personal Injury Junior of the Year at the Chambers UK Bar Awards and in 2018 she won the Legal 500 Personal Injury/Clinical Negligence practitioner of the year.

Ella acts for claimants and defendants in a wide range of clinical negligence claims. She handles substantial claims without a leader, and acts as junior counsel in high value and complex claims. She is ranked by Legal 500 in the field of Clinical Negligence.

Here at Deka Chambers we have a large clinical negligence and healthcare team which includes 9 silks and over 60 juniors, many of whom are recognised leaders in this field. The team has a wealth of experience in acting for Claimants and Defendants across the full range of clinical negligence work.

Further, the cross over with other practice groups within Deka Chambers gives us the opportunity to offer a uniquely comprehensive service, whether that be:

• Cross Border clinical negligence claims;
• Linked inquest and/or inquiries;
• Clinical negligence claims where issues arise under the Human Rights Act 1998 and/or where there are questions over the existence and/or scope of a duty of care;
• Court of Protection issues;
• Claims where there may be a regulatory / disciplinary issue and/or criminal prosecution on the horizon (or already arisen), and
• ADR

Which reminds me to take this opportunity to shamelessly promote Dominque Smith’s book “A Practical Guide to Cross-Border Clinical Negligence Claims”, published in February 2023. Dominique Smith is a barrister at Deka Chambers, specialising in travel law, inquests, clinical negligence, and personal injury. I wholeheartedly recommend this book to anyone practising in this field.

Here’s wishing you all a sun filled spring and we will touch base with another Deka Clinical Negligence briefing shortly.

Read the Briefing in full.