Medical law

Eva is instructed across a broad range of medical specialisms and regularly deals with cases of complexity and/or high value. In this field, more than any other, she understands the need to be sensitive to the emotional stress and upset that litigation brings, both for claimant and defendant clients. She is acutely aware of the disbelief and frustration experienced by claimants when breach of duty can be established but causation cannot. Consequently she aims at all times to be rigorous in her approach to the expert evidence whilst sympathetic to the client. Eva acts equally for claimants and defendants including GPs, hospital doctors/consultants and nurses. She has some dental negligence experience.

• Acting in £1 million plus claim for claimant who underwent an above knee amputation due to negligence in the performance of a total knee replacement operation. Ongoing;
• represented defendant in negotiated settlement in claim for £1.8 million allegedly arising from negligent performance of spinal surgery;
• acting for claimant in claim alleging negligence in performance of a radical hysterectomy and pelvic lymphadenectomy resulting in occlusion of the external iliac artery and intense pain upon use of the left leg. Ongoing;
• acted with Martin Spencer QC for claimant with severe brain injury suffered at birth. Liability only trial as to whether neonatal allo-immune thrombocytopenia and consequent IVH could have been prevented in 1987. Claim settled July 2010 for a substantial amount on first day of trial;
• acted on claim in excess of £300K for claimant who was consented for a haemorrhoidectomy but instead underwent an anal stretch procedure. Major issue as to cost of future medical treatment and reasonableness of requiring claimant to undergo further treatment;
• acting for claimant denied the opportunity of a caesarean section without first undergoing trial instrumental delivery, and alleged negligence during delivery. Significant injury and third degree tear sustained. Interesting issue as to the scope of consent and causation of maternal harm. Ongoing;
• represented the defendant in FAA and Law Reform Act claim arising from alleged delay in resecting a thymic tumour. Dependent wife claimed in excess of £900K a large part of which consisted of DIY services and a possible future inheritance had the deceased lived and amended his will accordingly. Interesting issues as to the meaning of ‘reasonable expectation of pecuniary benefit'. Settled following advice on quantum;
• acted for claimant against GP for wrongful prescription long term of Benzodiazepines;
• advised defendant on claim for psychological harm by both parents of child who died at birth;
• acting for claimants or defendant in various cases of alleged delay in diagnosis and/or referral by GPs (ie essential thrombocythemia; Non Hodgkin's lymphoma; cauda equina syndrome; ectopic pregnancy; metastatic cancer; coronary arterial disease; abnormal FSH levels and early menopause; colitis) - recurring issues as to inequality of arms where GPs have different insurers each wanting own legal team and own experts;
• acting for claimants or defendants in various cases of alleged delay or failure in diagnosis and/or negligently performed surgery (ie acquisition of MRSA; identification of paraprosthetic leak following heart surgery; femoropopliteal bypass operation; corrective squint surgery, circumcision, removal of varicose veins and facial hair; disseminated intravascular coagulation; development of pressure sores; cholesteatoma; all sorts of fractures; penile cancer; oesophageal cancer; wrongful diagnosis of Mantle Cell Lymphoma);
• acted for claimant in a case of incorrect diagnosis of testicular cancer leading to radical orhcidectomy - liability and quantum issues - 2 day trial.