Hugh Preston

Clinical Negligence

Hugh has been consistently ranked as a leading junior by Chambers and Partners (now ranked as one of the top 7 juniors in the country) and the Legal 500, in the specialist field of Product Liability involving medical and other products.    He combines this with a specialist Claimant clinical negligence practice, which represents the bulk of his work.

Hugh is regularly instructed in highly complex and very high value birth injury claims, typically against Queens Counsel.  

He also has wide experience of the full range of clinical negligence claims including abdominal surgery, cauda equina syndrome cases, dental negligence, cancer cases, consent issues, general orthopaedic surgery etc.

In conjunction with his product liability practice Hugh has particular expertise in clinical negligence claims involving medical devices generally, and metal on metal hip prostheses (e.g. DePuy ASR) in particular.   He is well placed to advise as to the complex strategic decisions to be made at an early stage as to how these competing causes of action (against the manufacturer, or the NHS Trust etc.) can best be managed.

Hugh appears in the civil courts at all levels.   He has recently appeared in the ECJ on a major product liability ruling (O’Byrne v Aventis Pasteur, 2010) and in the House of Lords on a major personal injury ruling (Smith v Northamptonshire County Council, 2009).   On both occasions he was instructed without a leader against Queens Counsel.  

He speaks and writes regularly on clinical negligence and personal injury issues, recent engagements including a regional AvMA meeting and a series of external CPD seminars.   He was also recently invited to address the Royal College of Ophthalmologists on consent issues.

What the directories say:

“one of the foremost juniors in the field” (Legal 500 UK 2011)

“a serious player in this field with a growing reputation .... he has a very subtle and tactful approach that’s well thought through, and he also proves very good with clients” (Chambers and Partners 2012)

 “charming and unshowy" (Chambers and Partners 2011)

"hard working, bright and without a whiff of pretence” (Chambers and Partners 2010)

“sound, sensible and knows what he’s doing” (Legal 500 UK 2009

Recent cases

• Heginbotham v The Royal Cornwall Hospitals NHS Trust (ongoing).   very high value birth injury caused when claimant aspirated maternal blood clot whilst passing through birth canal.
•  Wooldridge v The Royal Cornwall Hospitals NHS Trust (ongoing).  Birth injury.   Chronic renal failure following significant neonatal fetal blood loss.
• Guest v East Kent Hospitals NHS Trust [2010].   Complex cerebral palsy case arising from birth injury.   Very high value.
• Powell v London Strategic Health Authority [2010].   Shoulder dystocia case arising from birth injury in 1982.
• Aldaco v Salford Royal NHS FoundationTrust [ongoing].   Very high value birth injury claim arising from excessive and prolonged use of Syntocinon.
• Bowley v University Hospitals Coventry and Warwickshire NHS Trust [ongoing].   Very high value complex CP birth injury case.
• Shearsby v Isle of Wight Primary Care Trust [ongoing].   Cauda Equina Syndrome as a result of negligent orthopaedic surgery.   Top end bladder & bowel incontinence case.
• Nash v Heatherwood & Wexham Parrk Hospitals NHS Foundation Trust [ongoing].   Nervous shock claim by widow witnessing horrific circumstances of her late husband’s death following clinical negligence in failing to diagnose and treat life threatening condition.
• Hirst v Scarborough & North East Yorkshire Hospitals NHS Trust [2008].   Trial, July 2008, QBD, Leeds DR.   Patient died after treatment of inguinal hernia followed by ongoing intra-abdominal complications.   Claim on behalf of estate. 
• Ber v North Tees & Hartlepool NHS Trust [2009].   Claim against hospital following sudden death of 17 year old girl with un-diagnosed Long QT Syndrome, a rare heart condition.

Memberships

•  AVMA
•  Personal Injury Bar Association