Ranald Davidson

Call 1996

Overview

Ranald has practised for more than 25 years in various areas of medical and personal injury law with an emphasis now on clinical negligence, professional regulatory and inquest work. He previously qualified and worked as a junior doctor in Edinburgh and regularly uses his medical experience to help isolate and address the key issues in his cases. His aim at all times is to achieve a successful outcome for his clients by combining clear and prompt advice with robust and measured advocacy.

Ranald is clerked primarily by Tom O’Connor,  Joe Ralph, Jubeda Begum and Josie Ryan.

Provided advice and representation for 4 witnesses called to give evidence before Infected Blood Inquiry

Instructed along with Jonathan Holl-Allen KC on behalf of NHS Wales Shared Services Partnership (NWSSP) in Covid inquiry

experience & expertise

Since switching from medicine to the law, Ranald has amassed more than 25 years of experience in the field of clinical negligence as a barrister at Serjeants’ Inn. During this time he has built up a practice which successfully combines work for claimant and defendant solicitors from all over England and Wales. He regularly appears in High Court and County Court trials across the jurisdiction on subject matters as diverse as oral surgery, foetal ultrasound imaging, paramedic and ambulance care, aesthetic surgery, orthopaedic and trauma care and immunology therapies. The majority of his casework now involves complex and/ or high value claims and he has recently settled a claim for just under £6 million for a brain injured child.

Ranald’s involvement in clinical negligence cases extends from pre-action conferences and drafting of the letters before action through to trial and, if needs be, appeal. He strives to provide clear and practical advice and places a premium of working within the timeframes required by his instructing solicitors.

Within the general scope of his clinical negligence work Ranald has been instructed in a number of cases involving elite sportsmen and women. These cases have included the medical and physiotherapy care provided by professional football and rugby league clubs as well as the surgical care of Premiership and Championship footballers. Ranald has provided advice to the Premier League as to its duty of care to individual players.

Ranald’s regulatory and disciplinary law practice includes proceedings before the various tribunals at the General Medical Council (GMC), the General Dental Council (GDC) and the General Optical Council (GOC). In addition he has considerable experience representing healthcare professionals in NHS Performer’s List proceedings and doctors facing hospital disciplinary proceedings. Ranald has recently successfully defended a consultant psychiatrist charged by the GMC with allegations relating to the abuse of patients at Winterbourne View Hospital in Gloucestershire between 2007 and 2010. After a 6 week hearing the Fitness to Practise Committee concluded the registrant had not been guilty of misconduct.

Over the course of his career at the Bar Ranald has represented families, healthcare professionals and NHS bodies at a number of high profile Coroner’s Inquests including several relating to prison deaths and deaths of inpatients at secure psychiatric units. These have been inquiries to which Article 2 of the European Convention on Human Rights has applied and at which a jury has been empanelled.

Cases & work of note

Recent examples of Ranald’s caseload have included:

pUBLIC & aDMINISTRATIVE

  • Provided advice and representation for 4 witnesses called to give evidence before Infected Blood Inquiry
  • Instructed along with Jonathan Holl-Allen KC on behalf of NHS Wales Shared Services Partnership (NWSSP) in Covid inquiry

Clinical negligence & Healthcare

  • Ellison v Eyre Brooke (February 2021/ September 2022) successful recovery of damages for claimant in clinical negligence claim for unnecessary hernia surgery resulting in chronic pain
  • ABC v Aneurin Bevan University Health Board (May 2022) acting for claimant who suffered stroke following mismanagement of blood pressure during childbirth. Settlement achieved for capital sum in excess of £13M
  • AB v Cwm Taf Morgannwg University Health Board (December 2019 + January 2022) with Adrian Hopkins KC – successful trial of liability and subsequent settlement of cerebral palsy claim with capitalised value of £11.5M
  • Hoare v (1) SSAFA (2) Islip (November 2021) – acting for family of army officer following delay in diagnosis and treatment of cervical carcinoma. Claim involved investigation of cervical screening service provided for military personnel abroad and in UK as well as likely career pathway of deceased and widower (almost a serving officer). Successful settlement of claim on eve of trial
  • Sheard v Tri Do [2021] EWHC 2166 – clinical negligence trial representing defendant General Practitioner facing allegations of negligent assessment of patient with spinal abscess
  • Various v Lindsey (2020 – 2022) representing defendant colorectal surgeon in multiple claims for treatment of obstructed defaecation syndrome with laparoscopic ventral mesh repair (LVMR) procedures
  • Various v Al Qureshi (2019- 2021) representing defendant consultant ophthalmic surgeon in multiple claims for negligent advice and insertion of IOL-IP and IOL -AMD lenses for aged related macular degeneration

Professional discipline & regulatory

  • GMC v Dr. S (November 2022) representation of general practitioner facing allegations on inappropriate/ sexually motivated touching of male patient. All charges against doctor found not proved
  • GMC v Dr. S (June 2022) – representation of general practitioner involved in over-prescription of analgesic medication resulting in patient death and dishonest communication with colleague. Doctor suspended 2 months
  • GMC v Dr. S (November 2021/ February 2022) – representation of general practitioner involved in falsification of study and alteration of patient records. Doctor suspended 12 months
  • GMC v Mr. Y (February 2022) – representation of consultant obstetrician accused of failing to investigate and diagnose patient’s ovarian tumour. Finding of no impairment of fitness to practise
  • Byrne v General Medical Council [2021] EWHC 2237 (Admin) – appeal against findings of fact made against consultant psychiatrist erased from medical register following sexual misconduct with vulnerable patients
  • GMC v Dr. N (September 2021) – representation of consultant gastroenterologist accused of fraud for overlapping private practice and NHS work. Finding of no misconduct and no impairment of fitness to practise
  • GMC v Dr. El N (March 2020/March 2021/ June 2021) – representation of consultant neurologist alleged to have mismanaged stroke patient causing permanent neurological injury. Finding of no impairment of fitness to practise

iNQUESTS

  • Re. Irwin (West London Coroner’s Court February 2020) – inquest into death of patient following failure to diagnose and treat clotting disorder caused by chemotherapy. Acting for family at inquest and subsequent civil claim for damages
  • Re. Moore (London Inner South Coroner’s Court October 2022) -representing surgical registrar at inquest into death of patient caused by toxic megacolon

recommendations

Ranald is top ranked by Chambers & Partners for clinical negligence and is rated as a leading junior for clinical negligence and professional discipline and regulatory law by The Legal 500.

He is described by the directories as, “an excellent trial advocate who inspires absolute confidence,” and is further noted to be, “indefatigable in the pursuit of the client’s interest, he strains every sinew and always displays fine judgement.”

Other recent directory editorial has included the following:

reflections

The decision to switch from medicine to law was one I took during a hectic weekend on call as a Junior House Officer. It is a decision I have never really regretted. Although I enjoyed the privilege of treating patients and the camaraderie of working in a hospital team, I have found that work at the Bar affords many of the same benefits but with the added challenges created by an adversarial legal process.

“The best part of this job is being able to achieve a successful conclusion to a case.”

I particularly enjoy the tactical approach to litigation and regulatory work. For me, the best part of this job is being able to achieve a successful conclusion to a case – be that the recovery of an award of damages for a claimant, the successful defence of a claim or the avoidance of sanction on a professional’s registration – through careful planning and preparation as well as hard work.

publications

General Editor of Medical Law Reports. Formerly Consultant Editor and Contributor to Medical Law Reports. Current role involves selecting cases for reporting, distribution to consultant editors and contributors, reviewing and revising drafts and liaising with publishers. This work helps to keep Ranald fully informed of all developments in the field of medical law.

articles

In recent years Ranald has written reports on the following cases for the Medical Law Reports:

  • MXM v General Medical Council [2022] Med LR [2022] Med LR 255 – whether interim order of suspension appropriate and proportionate following doctor’s extra-marital affair with patient
  • Burn v Alder Hey Children’s NHS Foundation Trust [2022] Med LR 13 – scope of disclosure required in course of NHS Trust investigation
  • Bux v General Medical Council [2021] Med LR 350 – expert in personal injury claim providing expert report for wife’s firm failing to fully disclose conflict of interest despite advice from defence organisation
  • R (Dutta) v General Medical Council [2020] Med LR 426 – whether GMC investigation out of time and whether MPT’s finding of fact procedurally flawed
  • General Medical Council v Zafar [2020] Med LR 252 –sufficiency of sanction against medical expert found to have been in contempt of court in civil proceedings
  • Sanderson v Guy’s and Thomas’ NHS Foundation Trust [2020] Med LR 60 – interpretation of NICE guidelines in obstetric negligence claim

privacy

Ranald adopts and adheres to the provisions of his privacy notice which can be accessed here.

further information

For further details of Ranald’s practice please click on the links to the left or contact a member of the clerking or client service team.

Bar Council Membership No: 36286
Registered Name: Ranald Dunbar Davidson
VAT Registration No: 706761824