Nathan Tavares KC - Clinical Negligence

Nathan has a wide ranging clinical negligence practice with particular emphasis on claims involving spinal cord injury (from spinal surgery, spinal abscess or discitis), birth injuries, and claims arising out of psychiatric negligence. He is ranked as a leader in the field in both Legal 500 and Chambers & Partners.

Notable cases:

• Various Claimants v Ministry of Defence
  Nathan is acting in a group action for a number of military personal who suffered long term psychiatric symptoms after negligently being prescribed the anti-malarial drug Lariam whilst on active duty. Major issues exist regarding medical causation, namely whether Lariam is capable of altering the brain sufficiently to result in long term psychiatric damage. The chemistry and medicine involved in assessing causation is highly complex, and each party has four experts on medical causation including US neurotoxicologists. The case is of interest to anyone who has been prescribed Larium (mefloquine) for travel to tropical countries.
• FDS (by his litigation friend, JHG) v (1) Oxford University Hospitals NHS Trust, and (2) Dr Elizabeth Dawson [2021] EWHC 1550 (QB)
  Nathan is acting for a claimant (instructed by Stewarts) who suffered a catastrophic stroke as a result of negligent prescription of Clopidogrel by the defendants. A settlement of liability was made with D1 at mediation, and the balance of the claim pursued against D2, who then alleged abuse of process, accord and satisfaction and other technical legal principles. The court made an important ruling on multi-party claims of this nature. Appeal to the Court of Appeal has been compromised. The claim is now at a stage where the quantum is being determined, with the claim likely to be in excess of £12 million with care costs running at over £500,000 per annum.
• Barnett v Medway University Hospitals Trust [2015] EWHC 440 (QB), [2017] EWCA Civ 235
  Acted for the claimant (led by Christopher Wilson-Smith QC) in spinal abscess case involving difficult causation issues, and an appeal regarding when a judge may resort to the burden of proof.
• AB v Royal Devon and Exeter NHS Trust [2016] EWHC 1024 QB
  Successfully acting for claimant in action for delayed diagnosis of a spinal abscess leading to paraplegia. Quantum issues included interesting application of ex turpi causa as the claimant was a drug-abuser.
• Hofer v The Bermuda Hospitals Board
  Acting for claimant, a German national, who sustained tetraplegia when detained (whilst on holiday) by mental health services in Bermuda. The Hospital sought permission to appeal to the Privy Council in relation to a strike out application. I drafted the documents which were adopted by the Privy Council in refusing permission.
• Szatmari v Oxford University Hospitals NHS Trust
  Acted for the claimant in a claim for delayed diagnosis of spinal abscess. The assessment of quantum has been complicated by pre-existing morbidity including pancreas transplant and uncontrolled diabetes.
• Caton v Epsom and St Helier University Hospitals NHS Trust
  Acted for claimant in a hugely complex causation claim involving unexplained neurological symptoms following prolapsed disc and cauda equina syndrome. Numerous interlocutory hearings regarding failure by the defendant to make admissions.
• Turnbull v South London & Maudsley NHS Foundation Trust
  Instructed for the defendant hospital in a difficult claim arising out of an attempted suicide by a psychiatric patient. Interesting issues involving the duty owed to prevent an individual with a personality disorder from making self harm attempts when there is nothing that can be done to keep them completely safe, and when they need to be encouraged to take responsibility for their own actions.