Clinical Negligence

Rated among the top six sets in the country for clinical negligence by both the Legal 500 and Chambers & Partners, 7 Bedford Row acts for many of the leading claimant and defendant firms and across a broad range of work within the clinical negligence field. Approved by the NHS Litigation Authority, we also act on behalf of private healthcare providers and individual practitioners. Our clients commend us for our innovative and sensitive approach in this difficult and challenging area of law, which requires not only command of the detailed technical and medico-legal issues, but also sound tactical judgment and practical advice.

The team has pioneered new forms of settlement in complex cases, including the use of structured settlements and provisional damages to achieve satisfactory settlements in cases that may otherwise have been difficult to resolve without trial. Members have considerable experience of acting in mediations and in other forms of ADR, and many are themselves accredited mediators.

Members have been involved in many significant cases: recent examples include the record £5 million settlement awarded to actress Lesley Ash, ES v Chesterfield, Gregg v Scott (the leading House of Lords decision on "loss of a chance"), the MMR Vaccine and Seroxat litigation, and the Bristol Heart Babies litigation.

The team has real expertise in mainstream clinical negligence claims, from maximum severity brain and spinal injuries to failed joint replacements, keyhole surgery and delayed diagnosis of disease. It is active in dealing with claims in developing areas such as psychiatric injury, hospital acquired infection, failures to treat due to funding restrictions, Human Rights Act claims and claims against alternative practitioners. Members are regularly instructed in claims involving drug and medical product liability.

In the wider field of healthcare law members undertake both inquests concerning alleged failures of care and judicial review. They are instructed in disciplinary work, appearing before all the relevant disciplinary tribunals and appeals from these bodies. The team also deal with appeals to Primary Care Trusts or other statutory bodies in respect of funding of treatment or the provision of specific care. Increasingly, members are becoming involved in medical ethics cases.

We have our own in-house training programme to maintain a good understanding of medical practice, and members regularly lecture and write on current medico-legal topics.