Richard is a highly experienced Clinical Negligence and Personal Injury specialist with a busy practice covering a range of cases from relatively straightforward Fast Track disputes through to high value claims involving catastrophic injuries and complex issues relating to breach of duty and causation.
He has undertaken Clinical Negligence work throughout most of his career and has built up a large practice acting for Claimants who suffer from Cerebral Palsy. He has particular expertise in obstetric, surgical, and dental negligence claims as well as claims against general practitioners and involving accident and emergency medicine.
Richard is instructed in Personal Injury work of all levels of complexity and appears regularly for Claimants, Insurers and Local Authorities in cases of employer's liability (including stress at work claims), road traffic accidents, highway maintenance and product liability claims. Amongst the higher value cases that he has been involved in are a multi-million pound fatal accident claim, in which he successfully conducted the liability phase to trial without a leader; and a claim where a six figure sum was obtained against the MIB following arbitration under the Untraced Drivers Scheme.
Richard has been involved in a number claims brought through the Criminal Injuries compensation schemes, including claims brought on behalf of adults who suffered physical and sexual abuse as children.
Richard regularly appears at Coroner's Inquests, including inquests held in accordance with article 2 of the European Convention on Human Rights involving suspected clinical failures or deaths in custody. He is also experienced in inquests before juries and in those involving complicated technical evidence, having appeared in an inquest lasting for several weeks relating to a death following an accident at a theme park.
Richard splits his time between his homes in London and in South Yorkshire; it is therefore equally convenient for him to attend hearings and conferences whether in the north or southeast.
Richard publishes and speaks on his specialist legal areas.
Key Cases
- JS v. NHS East Midlands Strategic Health Authority (2009) Settlement of £3 million for a 23 year old man with cerebral palsy.
- Hubbard and Others v. Lambeth, Southwark & Lewisham Health Authority and Others (2001).
Second junior in a claim for damages for failure to diagnose progressive dystonia (Segawa Syndrome) in four siblings between 1978 and 1994. - Caroline Whaley (deceased) (2004).
Inquest into the death of an 8-year-old girl with cerebral palsy following the misplacement of a naso-gastric feeding tube. The inquest led the Chief Medical Officer to issue a national alert and introduce national guidance on the use of these tubes and the various tests associated with their placement. - SM v. Sheffield Teaching Hospitals NHS Trust (2005).
£3.25 million settlement for a young man with cerebral palsy. - LH v. Leeds Teaching Hospitals NHS Trust (2007).
£5.75 million settlement for a young child who suffered cerebral palsy. Richard acted without a leader for the liability phase, and an admission of liability was obtained on the basis of his pleadings. - A v. Barnsley District General Hospital (2008).
£4.8 million (gross) for a surviving twin who suffered cerebral palsy following premature delivery as a consequence of twin to twin transfusion syndrome. Liability and causation were complicated and the claim was compromised on a split liability basis. - Diane Newbould v. Jan Stanek and another (2008).
£375,000 for woman who suffered brain damage during cosmetic surgery carried out by a "celebrity" plastic surgeon. Junior to Simeon Maskrey QC. - £300,000 for the dependants of a woman who died following a negligently reported cervical smear. Liability was difficult to establish because the deceased suffered from a rare type of small cell carcinoma, which metastasised quickly and had an uncertain prognosis. The medical evidence on causation was very complicated and disputed almost to the door of the court.
- £350,000 for a young woman who suffered a third degree tear and anal sphincter injury; unusually the claimant was able to establish that competent care by the defendant would have avoided the injury in the first instance. This remains one of the highest reported awards for this type of injury.
- McG v. Leeds Teaching Hospitals NHS Trust (2009).
95/5 split on liability obtained for a child with profound quadriplegic cerebral palsy. The case was complicated by the need to establish breach of duty and causation in the case of a placental abruption where the negligent delay was short and the claimant sustained complete hypoxia for a relatively long period. - D v. Bedford Hospitals NHS Trust (2009).
Settlement for £2.1 million lump sum and annual payments of £60,000 rising to £105,000 per annum for a 14-year-old girl with cerebral palsy. - F v. Herbert (2009).
£2 million settlement for the widow and dependent children of a successful businessman who died as a consequence of a motorcycle accident.
Memberships
- Association of Personal Injury Lawyers (APIL)
- Action Against Medical Accidents (AvMA)
- Personal Injury Bar Association (PIBA)
Contact Richard Baker
Phone: +44 (0) 20 7242 3555
Fax: +44 (0) 20 7242 2511
Email: clerks@7br.co.uk