Clinical Negligence & Healthcare
Jemma provides inhouse training to solicitors firms, NHS Trusts and private healthcare providers.
“She is a credit to her profession.”
Instructing Solicitor
experience & expertise
Jemma undertakes a wide range of clinical negligence matters of varying degrees of complexity and value. She has widespread experience across the healthcare setting including claims relating to obstetrics, urogynaecology, gastroenterology, orthopaedics, neurology, chronic pain, ophthalmology, psychiatric care, delays in diagnosing cancer, and emergency medicine. She is regularly involved in a claim from the pre-action stage and at all stages through to trial, including where appropriate acting at JSM or mediation. Jemma has experience of managing cases with a wide range of experts and is able to lead a claim that requires expertise across multiple disciplines. She regularly advises on settlement for both Claimants and Defendants, and whilst the vast majority of her cases are in the region of six figures she also has direct experience pleading and responding to cases valued in excess of £1million.
Jemma’s other areas of practice give her a deeper understanding of the healthcare system and medical issues. Her inquest practice provides the opportunity for continuity of counsel in cases where death has resulted from potential failings in care whilst her court of protection practice provides knowledge of the interface between vulnerable individuals and continuing healthcare needs. All areas of her practice encourage the ability to get to grips with medical records and expert opinion quickly and Jemma can forensically analyse the records for the benefits of her clients.
cases & work of note
Hollingworth v Dr Freeman [2019] Sheffield County Court, unreported. Jemma represented the Claimant in an action arising out of negligent management of her husband’s psychiatric condition prior to his death having previously been instructed in the inquest into his death. It was found that there were failings in general practice that led to the Deceased’s death.
Henderson v The Hillingdon Hospital NHS Foundation Trust [2018] EWHC 3281 (QB): Jemma represented the Claimant in an action arising out of negligent management of an emergency admission to Hospital. The Deceased presented at Hospital having been in respiratory compromise whilst at home. There was a failure to properly appreciate the significance of his condition and take into account his respiratory distress (which should have mandated a hospital admission).
ST (A Minor) v Oxford University Hospitals NHS Trust [2017] Oxford County Court, unreported. Jemma successfully defended a claim in which it was alleged that there was negligent management of a minor in the A&E Department. The claim concerned appropriate measures for treating a child with behavioural difficulties who presenting as an emergency with a cut to the face.
Salazar v Bradford Teaching Hospitals NHS Foundation Trust [2017] Leeds County Court, unreported. Jemma represented the Defendant in a claim concerning alleged negligent management of the Claimant’s obstetric cholestasis during pregnancy. The claim was compromised during trial.
J Tucker v Dr Sefton: Jemma acts for the Claimant in a case concerning an admitted failure to recognise red flag symptoms of cauda equina and undertake a referral. Causation is live between the parties.
Daines v Frimley Health NHS Foundation Trust: Jemma acts for the Claimant in a claim concerning negligent management of prolapse and urinary symptoms. The claim proceeds as both an informed consent case and also on the basis of inadequate medical management. Admissions have been received.
Paul v University of Southampton NHS Trust: Jemma acted for the Defendant in a claim that concerned a systemic error in failing to arrange follow-up for a patient that needed annual review in the ophthalmic clinic. As a result the Claimant needed to undergo victrectomy surgery to repair a macular hole. The Defendant had admitted breach of duty and made limited admissions as to causation.
O’Connor v Calderdale & Huddersfield NHS Trust: Jemma acted for a claimant who suffered an admittedly negligent extravasation injury following the birth of her son. As a result she suffered compartment syndrome which resulted in a 50-60% reduction in hand function. The claim was pleaded in excess of £1million.
ST v An NHS Trust: Jemma recently secured a six-figure settlement on behalf of a claimant with ongoing chronic pain following the loss of her daughter during childbirth. The claim had seven experts instructed on each side and liability was denied.
CW v An NHS Trust: Jemma acted for the defendant from the outset in a claim concerning inappropriate orthopaedic surgery. The claim settled a week from trial at less than the Claimant’s previous Part 36 offers.
publications
Jemma is a contributor to the 3rd edition of Medical Treatment: Decisions and the Law (Bloomsbury, 2016).
She was legal researcher for Andrew Buchan for Lewis and Buchan Clinical Negligence: A Practical Guide (7th edition)
Jemma has recently reported on the following cases for the Medical Law Reports:
- Barry v Cardiff & Vale University Local Health Board [2019] ….Clinical negligence — Breach of duty — Causation— The “but for” test — Delay in performing procedure — Assessment of damages.
- LAT v East Somerset NHS Trust, [2016] EWHC 1610 (QB)
Interim payments – CPR Part 25.7 – Accommodation costs – Clinical negligence – Protected parties – Injury during neonatal period – Stay of proceedings. - XYZ v Warrington & Halton NHS Foundation Trust, [2016] EWHC 33(QB)
Psychiatric injury – Clinical negligence – Breach of duty – Causation – Consent – credibility of witnesses. - In the matter of C (A Child), [2015] EWFC 79
Confidential information – Medical records – Patient confidentiality – Expert evidence – Disclosure of medical data – Professional obligations – Disciplinary proceedings. - Al-Mishlab v Milton Keynes NHS Foundation Trust, [2015] EWHC 191 (QB)
- Re X (Deprivation of Liberty) (no 2), [2014] EWCOP 37
Court of Protection – Deprivation of liberty – Protected party – Representation. - IM v LM, [2014] EWCA Civ 37
Court of Protection – Sexual relations – Capacity – Consent – Best interests – Mental Capacity Act 2005.
recommendations
“Jemma has excellent client care -she is extremely apt at handling difficult conversations sensitively and explaining difficult concepts in an easy to understand way.”
Chambers & Partners 2024
“Jemma is a very bright and incisive barrister with a clear sense of a case and the issues.”
The Legal 500 2024
“She maintains a calming, down to earth approach even in the most trying of scenarios; informed by excellent technical knowledge.”
Chambers & Partners 2024
“She combines great advocacy skills with relentless attention to detail in her preparation and paperwork and is also warm and approachable with clients.”
Chambers & Partners 2024
“She has a great understanding of the issues and excellent teamwork skills.”
Chambers & Partners 2023
“Jemma is knowledgeable, accessible and detailed.”
Chambers & Partners 2022
“She provides excellent written work.”
Chambers & Partners 2022
“Has excellent attention to detail, great client care skills and is really personable.”
Chambers & Partners 2021
“She’s great on her feet and fantastic in negotiations.”
Chambers & Partners 2021
“She is approachable, reliable, thorough and knowledgeable.”
Chambers & Partners 2021
“A very talented junior with a wealth of knowledge and an ability to get straight to the issues of the case that is beyond her year of call.”
Chambers & Partners 2020
“Her client care skills are excellent.”
Chambers & Partners 2020