Michael Walsh

 Experience & expertise

Michael balances a wide-ranging caseload that includes complex and high value clinical negligence matters for both Claimants and Defendants, affording Michael significant experience in catastrophic injury claims. Having been led and solely instructed on matters up to the value of around £15million, Michael also advises in professional negligence matters in injury claims of significant value, and acts in healthcare and related cases at Inquests, trials, and on appeal.

Michael advises on the full range of dental and medical claims, from plastic surgery to neurosurgery, as well as product liability claims arising from breast implants, hip and knee implants, surgical mesh, and other medical products, alleged systemic failures within treatment centres, and NHS indemnity disputes.

Michael is often instructed at the outset of potential claims, in order to guide litigation strategy; to consider commercial concerns and goals; to provide advice on instructing experts; and frequently drafts seven figure Schedules and Counter- Schedules of Loss. Michael also frequently advises on experts’ agendas where breach of duty and/or causation is complex or there are overlapping personal injury, clinical negligence and HRA claims. Naturally, Michael undertakes advocacy in joint settlement meetings, final hearings and appeals, as well as all interlocutory matters, and has extensive experience of costs budgeting and detailed assessments.

Michael is frequently instructed as sole Counsel, where leading Counsel has been instructed for other parties.

cases & work of Note

• L v East Suffolk and North Essex NHS Foundation Trust [Current]: Representing a Claimant suffering from permanent cauda equina symptoms after delayed cord decompression surgery; experts will be required in multiple disciplines.
• S v Royal United Hospitals Bath NHS Foundation Trust [Current]: Representing the Trust in a claim for delays in diagnosis of breast cancer resulting in mastectomy, lymph node removal and continued chemotherapy and radiotherapy.
• O v East Suffolk and North Essex NHS Foundation Trust [Current]: Representing a Claimant suffering from mental health difficulties who sought a caesarean section, but instead underwent a traumatic vaginal delivery including episiotomy, resulting in physical and psychological injury.
• O v Homerton University Hospital NHS Foundation Trust [Current]: Representing a stroke patient that fell whilst poorly observed in hospital, sustaining a fractured femur and significantly increased care needs.
• S v Manchester University NHS Foundation Trust [Current]: Representing the Trust in a claim by a student with pre-existing Still’s disease (auto-inflammatory disorder) for traumatic brain injury / stroke suffered in the course of blood transfusions treating sickle-cell disease. Experts likely in at least 8 different disciplines.
• S v X, Y and Z GPs and A and B GP Surgeries [Current]: Representing a GP and surgery over alleged delayed diagnosis of hereditary haemochromatosis, a genetic disease causing serious liver injury, requiring multiple joint replacement surgeries and lifelong care and support.
• Re M [Current]: Representing a consultant neurologist and GP, where the claimant suffered an intra-cerebral haemorrhage after using anti-coagulant medication prescribed to mitigate the risk of stroke. Expert evidence was required in 8 different disciplines. Claim for over £4.5 million settled, but subject to approval.
• W v C [Current]: Representing parents in a wrongful birth claim arising from a neural tube birth defect.
• B v Cambridge University Hospitals NHS Foundation Trust [2024]: Representing the Trust where death followed delayed treatment of aortic dissection, with complex questions of legal and factual causation.
• Macri v East London NHS Foundation Trust and London Ambulance Service NHS Trust  [2024]: Represented the estate and child of the deceased, who fell from a third-floor window while suffering from mental health difficulties subsequent to limited intervention from paramedics and hospital mental health services. The claim proceeded in the High Court but was settled shortly before the exchange of expert evidence.
• N v Nottingham University Hospitals NHS Trust [2022]: Represented a young woman who required a double amputation following delays in treating bacterial meningitis.
• Bulpitt v Clews [2022]: Represented the Claimant in a keenly contested pain disorder claim arising from RTA injuries. Earlier solicitors felt compelled to no longer pursue the claim due to complexities in medical causation evidence whilst facing a Part 36 offer in only the tens of thousands.  After reformulating the claim, it was settled at an RTM in the hundreds of thousands.
• C v Gateshead Health HNHS Foundation Trust [2022]: Represented the Trust following a death from liver disease leading to multi-organ failure.
• S v County Durham and Darlington NHS Foundation Trust [2022]: Represented the Trust where the Claimant suffered a stroke after alleged failure to administer aspirin to treat an occluded carotid artery. £3.7million claim settled at  £1.7 million.
• Shearer v Weaver and Wye Valley NHS Trust [2021]: Represented the Claimant in a subtle brain injury claim arising from septic encephalopathy due to hypoxia and septicaemia.  Expert evidence was required in 8 disciplines, and the matter settled favourably following RTM.