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Clinical Negligence

What our clinical negligence barristers offer

The clinical negligence team at 39 Essex Chambers comprises leading practitioners who are recognised for their expertise in advocacy and advice in the most complex cases. Our barristers have extensive medical and scientific knowledge about every stage of the care process. A number of our barristers joined the Bar from medical or other healthcare backgrounds. This rich vein of combined knowledge enables our members to cover areas such as:

diagnostic failure
negligent prescription and administration of drugs
post-traumatic paramedical care
pre-surgical care
anaesthesia
post-operative care
unusual/sensitive consent to treatment
issues related to the scope of NHS Resolution and private indemnity coverage

Who our clinical negligence barristers act for

Our clients range from injured or aggrieved claimants to small or major multinational companies, healthcare insurers, defence organisations (such as the NHS Resolution), and other government bodies.

Our clinical negligence experience

Barristers at 39 Essex Chambers are instructed in the full range of claims associated with clinical negligence cases, from minor injuries to complex litigation arising from catastrophic injury and death. Our experience covers the whole range of issues in claims. Our barristers have particular expertise in the assessment of quantum in very high value cases, the use of periodical payments and ASHE 6115.

Our barristers have detailed familiarity with the full range of medical and other healthcare practices, including:

Obstetrics, paediatrics and maternity care, especially in relation to high-value catastrophic birth injuries
Cosmetic surgery
Dental surgery
Hospital medical and surgical specialities
General practice
Other healthcare professions, such as nursing, midwifery and psychology

The issues surrounding clinical negligence claims extend beyond civil litigation into related areas in which our barristers also have much experience, including:

Court of Protection
Healthcare regulation
Human rights
Inquests
Judicial review
Public inquiries
Product liability

Our Civil Liability Arbitration and Adjudication Schemes

As one of the world-leading arbitration sets, and in direct response to the listing delays caused by the Covid-19 pandemic, 39 Essex Chambers are delighted to present an exciting fixed fee ADR package to assist in the resolution of small and medium sized civil claims.

We offer parties the choice of a binding arbitration scheme or an advisory adjudication scheme with experienced barristers from 39 Essex Chambers’ Civil Liability Team. Parties simply agree to subject their dispute (in whole or part) to one of the schemes, select a barrister from the 39 EC ADR panel and progress their case through the procedure set out in the scheme rules.

Please see here for further details on the ADR package and barrister team.

What the directories say

39 Essex Chambers has been awarded the Chambers & Partners Personal Injury and Clinical Negligence Set of the Year on many occasions.

Who to contact

Alastair Davidson is the Senior Clerk for the Clinical Negligence team and will, along with the clerking team below, be able to help you with any questions.

Alastair Davidson