James is ranked as a leading junior in clinical negligence by The Legal 500. He acts for both claimants and defendants in a wide range of clinical negligence matters but with a particular specialism in cauda equina and spinal surgery cases, and those arising out of negligent obstetric & gynaecological care.
James has significant trial experience and is well versed in the cross examination of medical experts. He is often instructed where there are complex medical issues on causation including the delayed diagnosis of cancer and delay in the delivery room. He was instructed in the recent High Court case of Richins v Birmingham Women’s Children NHS Foundation Trust [2022] EWHC 847 (a stillbirth case arising out of negligent midwifery) which is one of the leading reported decisions on claimant/Keefe benevolence in a clinical negligence context.
His work will often include acting as sole junior for claimants and defendants where there have been life changing consequences as a result of medical treatment. James is particularly strong on quantum including the presentation of career and life time losses, including pension losses and care/OT claims.
Recent cases include:
- Richins v Birmingham Women’s Children NHS Foundation Trust [2022] EWHC 847- James was instructed for the claimant in this four day trial in the High Court against leading counsel. The case concerned the midwifery care provided by the defendant Trust and raised important- and widely reported- issues as to historic evidence and obstetric causation in the delivery room. It is one of the few reported decisions in which the principle of “claimant benevolence” has been applied in a clinical negligence case. The argument was one developed and run in the case by James.
- JP, RB & NN (2023) – James is instructed in a number of ongoing (unrelated) cases arising out ante-natal and neo-natal care including those resulting in stillbirth and/or life changing injuries to mother and/or baby with expert evidence across a diverse range of specialisms.
- AB (2022) – James was instructed for the defendant Trusts in a case arising out of alleged delay in diagnosis and surgery for cauda equina syndrome. There were complex neurosurgical and urological causation issues and overlapping allegations against GP defendants. The claim settled for a heavily discounted sum following JSM (seven figure).
- BB & CB (Ongoing) – James is instructed in ongoing cases for a claimant and trusts respectively concerned as to timing of diagnosis and surgery with causation issues in both cases relating to progression from CESI to CESR.
- ZZ (2022) – James secured settlement (six figure) at mediation for the family in a case arising out of the failure to triage a psychiatric patient at an A&E Department leading to the avoidable suicide of deceased. James appeared for the family at the Inquest in a case concerning systemic failures in a Trust’s mental health provision.
- HJ (Ongoing) – James acts for the claimant in a case arising out a failure to obtain informed consent for, and to adequately perform, spinal surgery. The surgery was on a private basis and there are background issues of widespread allegations against the treating surgeon.
- HK (2021) – James acted for the Trust in a case relating to intra-operative spinal cord injury during a combined C6/C7 anterior cervical discectomy and T8/T9 anterior thoracic discectomy procedure with allegations relating to consent, the adequacy of surgery and the adequacy of anaesthetic treatment. The claim settled at mediation (six figure sum).
- GG (2021) – James successfully acted for the Trust at trial in a case relating to alleged laparoscopic surgery and the failure to identify an intraoperative bleed.
