Cardiff Clinical Negligence Seminar 2024

Dr. David Sharpe KC

David is a specialist clinical negligence practitioner. As a former Emergency Medicine doctor he has a complete understanding of medical practice and what goes wrong. He acts for both Claimants and Defendants (Trusts, NHSLA, MPS/MDU, MOD, and Private Hospitals/Consultants) in all aspects of clinical negligence and in particular high value cases and those which are difficult and/or complex in terms of liability and causation.

He has particular expertise in trial advocacy engaging with medical expert witnesses. His recent cases involve cerebral palsy, obstetric injuries, causa equina injury, missed spinal abcess, failure to recognise sepsis, delayed diagnosis of cancer, surgical complications, and stroke caused by a retained IVC filter.

Michael Brace

Michael has particular experience in obstetric and birth claims and also ophthalmic injuries. His practice encompasses high-value and complex claims in particular those in respect of catastrophic birth injuries and claims where death has resulted.

Recent examples of his clinical negligence work include the following:

• F v NHS Trust (High Court / KBD). Acted for child claimant in relation to severe and permanent shoulder injury suffered at birth. Claim settled at JSM for £500,000.  Claim involved contested evidence in the following fields: orthopaedics, physiotherapy and occupational therapy
• Acted for family of child who died as a result of endocarditis (infection of heart valves) following dental treatment and after multiple attendances at his G.P and local hospital over a period of 5 months. Conducted 5-day inquest.  Claim settled following the inquest.
• H v S (High Court/KBD) – Acted for the child Claimant in relation to hypoxic insult following failure to ensure caesarean section at a sufficiently early stage. Four limb cerebral palsy with developmental delay and epilepsy. Interim payments in excess of £1,000,000 obtained (no QC). Settled at JSM (first involvement of QC) for capitalised sum of £2.5million together with periodical payments of £93,000 rising in stages to £245,500 per annum.
• H & H v C (County Court) – Successful Clinical negligence claim on behalf of 2 child Claimant’s in relation to failure by the Defendant trust to prevent their mother’s fatal heart-attack. Claim for “nervous shock”. Issues in relation to what constitutes a single shocking event.
• M v A (High Court /KBD) – Acted for the Claimant (a “Protected Party”) in relation to clinical negligence claim following a stroke due to air embolism after a nurse incorrectly removed a central line. Claimant suffered severe cognitive and physical disabilities. Settled for capitalised sum of £1.2 million with periodical payments of £440,00 per annum.

Angela Frost

Angela has a range of experience across the breath of clinical negligence cases. She is particularly interested in cases with tricky causation issues such as those where there is interplay between personal injury claims and subsequent clinical negligence allegations.

Angela acts for both Claimants and Defendants.

Recent cases include:

• Failure to diagnoses ischemia resulting in amputation
• Negligent hip surgery arising out of an accident at work for which there was an ongoing personal injury claim for which liability was in dispute.
• Alleged negligently performed gynaecological surgery resulting in urinary incontinence and prolapse.
• Case involving the death of a patient arising from admitted negligence where the issue was the length and quality of life the deceased would have enjoyed had she lived for the purposes of a dependency claim.
• Case arising from a failure to diagnose diabetes with significant causation issues.
• Bowel injury arising out of alleged negligent insertion of a suprapubic catheter where significant changes to quality of life were alleged against a background of significant pre-morbid history.

Mary Newnham

Mary’s clinical negligence practice includes a wide variety of cases arising out of negligent treatment, late diagnosis or lack of informed consent.

Mary is comfortable engaging in technical conferences with medical expert witnesses and can deal sensitively with vulnerable claimants.

Her practice also includes cases where consideration is given to bringing additional claims for negligent medical treatment following an accident..

Recent interesting cases include

• Appearing at inquest and advising in a fatal claim arising out of post-cholecystectomy complications
• Fatal claim involving late diagnosis of pulmonary hypertension in pregnancy
• Advising in and settling a case involving negligent hernia repair
• Additional claim relating to delayed diagnosis of cauda equina following back injury at work

Gareth McAloon

Gareth has developed a specialist clinical negligence practice, predominately representing Claimants. He has been instructed in matters ranging from initial advice on liability to complex advices on causation and quantum.

Most of his casework involves allegations of a delay in treatment and/or misdiagnosis. This is a particular area of expertise for Gareth, particularly the interplay between the factual evidence in such cases giving rise to the core chronology of events, and the parameters of the duty of care.

Gareth also provides expert advice and advocacy in cases concerning treatment of psychiatric conditions and the effects of medication withdrawal or delays in treatment which has precipitated patient self-harming and acts of suicide.

Gareth has also represented families at inquests where a clinical negligence claim is likely to follow.

Issaac Hogarth

Isaac has a specialist clinical negligence, personal injury and insurance practice. A large number of Isaac’s instructions relate to cases involving life-changing spinal and brain injuries, chronic pain and fatalities. He is ranked as a leading junior in personal injury and clinical negligence in both the Legal 500 and Chambers and Partners 2024.

Edward Ramsay

Edward has an established clinical negligence practice covering the full range of cases – from orthopedic injuries, obstetric, gynaecological and urological injuries, misdiagnosis and cancer cases, and hospital fatalities.

Many of his instructions arise out of his hospital inquest work where there is a follow-on civil action. Through his inquest practice Edward has extensive experience examining expert witnesses in court and has particular expertise in cases where hospital systems errors are raised.