Personal Injury & Clinical Negligence
Hamish is an experienced personal injury and clinical negligence barrister who enjoys a formidable reputation for his expertise and client friendly manner. He advises and represents clients on a range of personal injury and clinical negligence claims, involving both serious injury and death. His practice includes high value and sometimes high profile claims and he advises on personal and medical short term and long term care and life time housing requirements where appropriate.
He also undertakes product liability claims. Hamish is experienced in claims involving: housing requirements; lifetime care and complex dependency claims. As an ancillary relief practitioner, he has a particular specialism for dependency claims by wives; partners and children.
Regarding his clinical negligence advice has included failures in GP referrals leading to: cauda equina lesions; subarachnoid haemorrhage; and limb amputations. His claims against hospital specialists have included A&E Departments; obstetrics; orthopaedic and general surgery. Hamish sits as a legal assessor for the Nursing and Midwifery Council Disciplinary Committees.
Recent notable cases
H v R (2014)
1 of 4 cases in 2014 where Hamish has been instructed in the Jersey Royal Court. RTA involving significant lower limb injury. Life time loss of earnings and care pleaded (£800K). Settled on a Blamire award at a round table meeting.
Personal representatives of the estate of B v MoD (2014)
Clinicians employed by the MoD failed to diagnose Mrs B’s developing breast cancer. The Ministry have recently admitted liability for the failures in circumstances where (it is conceded) appropriate treatment would probably have saved her life. £500,000 claim.
W v Dr C and Dr F (2014)
Negligent failure by GPs to diagnose a developing cauda equina lesion. The Claimant has limited residual earning capacity and a lifetime care claim.
V v a UK NHS Trust (2014).
The Claimant was a professional rugby player who fractured his scaphoid playing rugby. The Defendant’s clinicians missed the fracture. The delay in treatment caused significant persisting symptoms and curtailed the Claimant’s professional rugby career.
M v M (2013)
The Claimant sustained a significant haematoma in the fontal lobe following a rear end shunt. He thereby sustained significant brain damage. The Claimant suffers from: a spastic tetraparesis; he cannot stand and he exhibits limited signs of conscious activity.
Personal representatives of the Estate of Mr J (deceased) v WA (2013).
Fatal road traffic accident in which a (dentist) motorcyclist was killed. The Dependency claim was pursued by his former wife, minor daughter and his parents.
Personal representatives of the Estate of Mr E v NT (2013).
Fatal road traffic accident involving claims by various children of the deceased and his former partner.
M (Claimant) v Dr C and NHS Direct (2013)
Failed diagnosis by NHS Call Direct GP and nurse. They both failed to diagnose a subdural haematoma which led to an aneurysm and very significantly cognitive and functional impairment. The Claimant requires long term care in a residential setting.
JR v University Hospitals NHS Trust and another (2013).
Failure by 2 Hospital Trusts adequately to diagnose and treat a developing cauda equina lesion. The Claimant continues to suffer from: long-term bowel and bladder dysfunction; sexual impairment; significant reduction in mobility and loss of earnings.
Personal Representatives of the Estate of Mr C v Professor MW and another (2013).
Negligent performance of a laparotomy and repair of aneurysm. The surgical team failed adequately to diagnose and manage coagulapathic bleeding. The negligent treatment led to the patient’s death within hours of the operation.