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Medical negligence

Have you or a member of your family suffered an injury due to mistakes made during medical treatment? Our specialist clinical negligence solicitors can advise if you are eligible to make a medical negligence compensation claim.

The Hugh James Medical Negligence Team is one of the largest in the UK and provides specialist compensation services throughout England and Wales – from London to Cardiff, Swansea, Newport and more. We have been top ranked by the independent legal guides and annually claim more than £20million in clinical negligence compensation for our clients. From our London and Cardiff offices we represent individuals and their families who have suffered injury, illness or death as a result of negligent medical treatment. If you believe you or a family member are a victim of medical or clinical negligence contact our team of solicitors today for free advice and guidance on pursuing a claim, without obligation.

Contact a member of our medical negligence team today for a free, no obligation, consultation to see if you are eligible to make a compensation claim. If you decide to use the Hugh James clinical negligence team we will represent you on a no win, no fee basis. Further details on this agreement will be given during your free consultation.

Law Society Clinical Negligence logo  avma    apil      Scope


What is clinical or medical negligence?

Clinical or medical negligence is unacceptable medical treatment, which has caused unnecessary illness, injury or death. Health care providers have a duty to provide acceptable levels of care and treatment to their patients. Failure to do so may result in a patient being able to claim personal injury compensation for medical negligence.

How can our specialist solicitors help?

We have specialist solicitors based in London and South Wales who can help you investigate and pursue a compensation claim. We offer:

  • Free, no obligation advice and guidance on making a claim.
  • Free initial assessment of your claim.

If you have a claim then our specialist team can provide:

  • No win, no fee when appropriate
  • Access to expert medical advice and reports on your claim
  • Access to financial advice, together with welfare and benefits advice.
  • Access to leading Barristers based nationally.
  • Access to ongoing medical rehabilitation/treatment

Why use the Hugh James Clinical and Medical Negligence Team?

  • Hugh James is one of the leading personal injury compensation firms for clinical and medical negligence claims in London, Cardiff and across the UK.
  • Per annum we recover over £20million in clinical negligence compensation.
  • The legal guides say “Hugh James offers true clinical negligence expertise”.
  • We have offices in London and Cardiff and can represent clients throughout England and South Wales without the need for lengthy face to face meetings.
  • We have a range of qualified staff including a former midwife, qualified nurse executives, welfare benefits advisors, medical records officers and qualified social workers to ensure your case has the best possible chance of success.
  • We can advise you on all aspects of your claim, which includes social services involvement, financial advice and rehabilitation.
  • AVMA, the medical negligence charity, and the Solicitors Regulatory Authority recognise us as experts in medical negligence.

Case studies

Hugh James recovers £190.000 compensation for a client who was advised by his original solicitors that a claim could not be made.

Andrew Davies, solicitor and partner within the Clinical Negligence team at Hugh James solicitors Cardiff has recently settled a case of gallbladder clinical negligence brought against Cwm Taf Local Health Board, where damages totalled £190,000.

The claimant (AJ) underwent surgery in 2001 after being diagnosed with stones in his gallbladder and bile duct. AJ underwent a procedure known as endoscopic sphincterotomy to remove the gallstones. After the procedure he began to suffer recurring pain and illness and over four years later in November 2005 was readmitted to hospital. Tests revealed that the gallbladder had become inflamed and required removal.  AJ was placed on a waiting list for gallbladder removal surgery and given antibiotics as a course of treatment.

In January 2006, surgery was performed to remove the inflamed gallbladder and shortly after AJ began to suffer consistent abdominal pain. Tests were preformed, which highlighted abnormalities in liver function, prompting further investigation. An ultra sound scan showed that fluid, believed to have come from the bile duct had leaked into the abdominal area.

AJ began to deteriorate further and was transferred to the Queen Elizabeth Hospital Birmingham where he underwent additional surgery. It became apparent that he had sustained a major injury to the bile duct following removal of his gallbladder, which required reconstructive surgery. Due to complications from the initial removal procedure, AJ will continue to endure health issues. He is susceptible to further complications and may require additional surgery.

AJ issued a complaint against the Cwm Taf Local Health Board for what he considered to be gallbladder negligence. In response they cited that an inflamed gallbladder had made the surgery difficult and that the injury sustained was “forgivable”. AJ continued to pursue his complaint and instructed solicitors, who on receipt of an expert medical report, advised that a claim could not be made!

It was suspected that improper legal advice had been given which was confirmed by a secondary medical expert. AJ then instructed Andrew Davies of Hugh James Solicitors Cardiff to act on his behalf. Following the intervention by Andrew, on August 7th 2008 Cwm Taf Local Health Board admitted that surgery had caused harm and prolonged illness to the patient, which led to a settlement of £190,000 being awarded.

The entire episode was and will continue to be distressing for AJ whose life has changed dramatically due to medical negligence. Andrew Davies from the Medical Negligence team at Hugh James Solicitors is quoted as saying “this was a challenging case, it appeared everyone was against AJ but his belief and determination led to him receiving the compensation he truly deserved following an extremely difficult and life changing period”.

AJ also offered comment and said “I’m disappointed by the advice I received from my former solicitor.  When I consulted Andrew Davies of Hugh James Solicitors he was very professional and had reassured me that there was merit in my claim. Andrew did everything possible to assist me during this difficult period and I regard him as a real gentleman, thank you”


Hugh James recovered almost £5million in compensation for client against Great Ormond Street Hospital for breach of duty.

Mrs E’s son developed epilepsy at the age of 7 and despite changes of medication continued to suffer erratic seizures. He was referred to a Consultant Neurologist at Great Ormond Street Hospital where it was decided to reduce the dose of his medications in an attempt to provoke his seizures in order for them to be recorded.

The boy received his (reduced) medications at the hospital and began a series of tests. The boy was to be monitored at all times due to the reduced medication and the subsequent risks of this. After being advised that his mother was leaving and that he was to be monitored by a nurse the boy was left alone in his room. He then left his room unaccompanied and went to the toilet unaided. There he suffered a seizure and his airway was obstructed. This led to inadequate ventilation and eventually, as a consequence of this, the boy suffered from a cardiac arrest which resulted in catastrophic brain injury.

The boy is now in a persistent vegetative state with heavy nursing needs. Over time the boy has improved to a low awareness state but has remained totally dependent for all activities of daily living.

Proceedings were served and Great Ormond Street Hospital subsequently admitted responsibility for the breach of duty.  An initial offer of £4,083,700 was made but not accepted. A further meeting considered a number of factors and a proposed settlement of £4,923,553 was offered. This was deemed as reflecting a good settlement for the Claimant, and was preferable to the risks of proceeding to trial.

At the same time Mrs E brought a separate claim in her own right in relation to the nervous shock she sustained resulting from the actions which led to her son’s injuries. She was the 2nd Claimant in this case.

The initial offer of £12,500 was rejected by Hugh James who considered her pain, suffering and loss and the fact that she had undergone therapy as recommended but had not made the expected recovery.  Mrs E was later reimbursed a total of £30,000.


Over £1million recovered for client against the Prince Charles Hospital in Merthyr.

Following a road traffic accident Mr P suffered multiple injuries and was admitted to the Defendant’s Prince Charles Hospital. He had suffered serious, but not apparently life threatening injuries. He had fractures to his right femur, right foot, and left ankle. There were concerns however that he may also have suffered internal injuries.

He was treated for shock and was resuscitated overnight with fluids. He deteriorated during the course of the following morning and the clinicians responded by giving more resuscitation fluids on a number of occasions.

The quantities of fluid given were excessive and insufficient attention was given to recording and maintaining his fluid balance which led to the “flooding” of the air spaces in his lungs by fluid. Following this the Claimant sustained a catastrophic brain injury.

He now has limited awareness of his surroundings, cannot speak, is doubly incontinent, and is incapable of any voluntary movement.

The claimant suggested that the injuries could have been avoided however the defendant argued that the cause of the injuries were not preventable.

As there was no scope in this case for responsibility for only part of the Claimant’s injuries the result of the trial would therefore be “all or nothing”. Proceedings were served and the defendant denied liability.

A joint expert meeting took place to discuss the cause of his injuries and from this it was concluded that there was a strong element of uncertainty about the outcome of this case. It was decided that the litigation risks in this claim justified the consideration of a discounted settlement.

The defendant offered to compromise liability for 50% of the value of the claim but this was rejected because there was concern that the claimant could be in a position where the compensation could only meet a proportion of his future needs.

Following this the claim was finally settled and court approval given for a lump sum payment of £1,407,946.48. In addition to this there will be annual life time of payments of £104,874.90 for the Claimant’s future care and future case management costs.

Testimonials

“I have just come to the end of the above medical negligence case handled by Grainne Barton. I wanted to write on behalf of my wife and I to let you know of our sincere appreciation and gratitude to Mrs Barton in her handling of the case. We were always kept informed of any progress and always received a response to our emails, sometimes even late at night. Mrs Barton’s commitment to me as a client was exemplary, she was empathetic, approachable and very thorough and although always professional, was down to earth with a good sense of humour and made us both feel at ease. She many times put our minds at rest but did so without giving any false hope.

You have a great Solicitor representing your company and although a negligence case is stressful at times and not a nice thing to go through and we are glad it is all over, it was made easier knowing that Mrs Barton was fighting the case and was behind us all the way.”
Client testimonial


“I consulted Hugh James after being disappointed by the advice I received from my former solicitor. The team at Hugh James were very professional and had reassured me that there was merit in my claim. They did everything possible to assist me during this difficult period, thank you”
Client testimonial


“You have always been clear with your advice, prompt with your responses and sensitive in dealing with what is of course a stressful business. I will not hesitate to recommend your firm’s services in future, and please accept my thanks for an excellent service from a first class solicitor.
Client testimonial


Continues to be one of the top clinical negligence teams in Wales. Strong with regard to cerebral palsy.

“The team is one of the best in Wales and consists of a breadth of senior and junior practitioners. It is a big and well-regarded outfit with proper support mechanisms.”
Chambers UK 2014


Hugh James has a team of four partners with a wealth of experience; the ‘impressively good’ Stephen Webber, Andrew Davies, Hannah Williams and Mari Rosser all handle high-value and complex claims. The team draws on support from the firm’s Court of Protection, social worker and speech therapist departments.
The Legal 500 2013


This leading clinical negligence team has an outstanding reputation for its advice to clients on high-value claims including catastrophic injuries and failure to diagnose cases. Recent highlights include settling a case with a value of more than £1 million relating to a serious shoulder injury at birth. Key clients include Community Health Councils, ARAG and Connect2Law.

Andrew Davies has particular strength in representing children and adults who have sustained brain injury, paralysis and psychiatric injury. He frequently acts in high-value claims.

The “excellent” Mari Rosser is currently instructed in several multimillion-pound brain and spinal injury claims. She also has expertise in fatal accident cases.

Department head Stephen Webber is “highly competent” and represents clients on catastrophic injuries cases. His areas of expertise include cerebral palsy, spinal injuries and brain injury claims.

Hannah Williams is recognised as an effective operator in cases of serious injury.

Grainne Barton recently joined the firm from Penningtons Solicitors LLP. Her particular specialisms include cerebral palsy cases, obstetrics, fatal cases and inquests. Clients state: “Her attention to detail is amazing, and she also has a friendly and caring attitude and was always happy to listen, reassure and advise throughout what was a very emotional and draining time for me.”
Chambers UK 2013


Hugh James boasts the most comprehensive team in the region; its four partners – Stephen Webber, Andrew DaviesHannah Williams and Mari Rosser – offer a wealth of experience, and each handles claims of high value (often in the £1m to £10m bracket) and complexity.
The Legal 500 2012


With a virtually unrivaled number of listed practitioners in Wales, Hugh James fields a clinical negligence team that combines a wealth of talent with support from the rest of the firm, in order to seamlessly deal with the most complex claims. Peers praise the team as “very careful, very experienced – and it pays close attention to detail.”

Mari Rosser is a leading practitioner with “immense experience” in clinical negligence. Enthusiastic peers highlight her excellent client skills and technical knowledge. Andrew Davies heads the costings group and is a “class act” known for “working every angle.” Practice head Stephen Webber successfully combines a thriving clinical negligence practice with his management responsibilities, and recently settled a £7.8 million adult brain injury case. Recently made partner, Hannah Williams pays “good attention to detail” and has experience of dealing with maximum severity cases.
Chambers UK 2012


Hugh James’ dedicated and experienced team acts for Welsh Community Health Councils, insurers and charities. Practice head Stephen Webber is ‘first rate, handling very high-value claims with aplomb, and is an extremely calm solicitor who instils great confidence’. Webber and Andrew Davies, who fights cases well’, led on a number of high-value brain injury settlements. Senior associate Hannah Williams settled a £4m-plus spinal cord injury case.
Legal 500 2011

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