Clinical Negligence

Temple Garden Chambers has formidable expertise in all areas of clinical negligence, acting on behalf of claimants and defendants.

The clinical negligence team comprises leading practitioners who are recognised for their skill and knowledge in advocacy, drafting and advice in this area. Chambers also has a regular publication (the biannual TGC Clinical Negligence Newsletter).

Whilst many of the clinical negligence claims undertaken are high value, complex cases issued in the High Court, members of the team are instructed in the full range of claims, from minor injuries to complex litigation arising from catastrophic injury and death.

TGC’s barristers frequently engage in all forms of ADR to assist with early resolution of claims where possible for their clients, including Joint Settlement Meetings, Mediations and Early Neutral Evaluations. Consequently, TGC’s clients range from injured claimants and bereaved families to small or major multinational companies, private healthcare insurers, defence organisations (such as the NHS Resolution), and other government bodies.

The breadth of experience within the clinical negligence team extends to:

• Diagnostic failures (such as cancer, compartment syndrome and false aneurysms)
• Negligent eye and laser surgery
• Failure to refer or convey to hospital
• Surgical negligence
• Post-operative care
• General practitioner negligence
• Negligent nursing care of vulnerable patients in hospital
• Negligent prescription and administration of drugs
• Consent cases (such as failure correctly to advise of surgical risks or alternative treatment (applying the Supreme Court’s decision in Montgomery)
• Equipment failure leading to delay and/or serious injury

Members of the clinical negligence team have extensive experience with the full range of medical and other healthcare practices, including:

• General practice
• Emergency medicine
• Hospital care, diagnostics and surgery
• Obstetric, paediatric and maternity care (including catastrophic birth injuries)
• Plastic and cosmetic surgery
• Dental surgery
• Related healthcare professions, such as nursing, midwifery and psychology

This area of work also dovetails perfectly with TGC’s expertise in product liability (claims arising out of equipment failure), personal injury (e.g., assessing quantum in very high value cases and the use of variable periodical payments) and civil fraud (barristers are frequently instructed on behalf of defendants where there is a suspicion, or evidence, of dishonesty).

In addition, practitioners have a wealth of experience of professional discipline proceedings involving doctors and other health professionals; and the issues surrounding clinical negligence claims frequently extend beyond civil litigation into related areas of expertise, such as cases involving the Court of Protection, Human Rights and Inquests.