Sebastian Naughton

Clinical Negligence & Healthcare

experience & expertise

Sebastian acts for Claimants and Defendants (NHSLA, MDOs) in more or less equal measure. He regularly advises in cases of high complexity with multiple expert disciplines in conference, settles cases at round table meetings  and is led by and appears against KCs. He represents parties’ interests during inquests, and has substantial trial experience. He is an expert in quantum, with substantial experience in personal injury litigation, and pragmatic in settlement negotiations when required.

Sebastian has broad clinical and dental negligence experience, including cases involving birth injuries, brain injuries, cauda equina syndrome, cases arising from complications of bowel surgery, delayed diagnosis of cancer among many other categories.

cases & work of note

Examples of recent cases of note:

• Acted for the Claimant in a factually and medically complex claim concerning cardiology expertise failure to suspect pulmonary embolus in a young lady who suffered a major stroke as a consequence.  The case was settled at JSM in late 2022.
• Traylor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB), acted up to and at trial before Johnson J for the First Claimant (with Rachael Gourley), a psychiatric patient who was shot by police after he had stabbed his daughter during a psychotic episode.  The case ultimately failed, but the Claimant’s legal arguments on the limits of Defendant’s illegality / ex turpi causa defence, the principles concerning contribution, were all upheld and brought some clarity (obiter) to this developing area of law.  The case was fought against leading and junior counsel.
• Acted for the Defendant in a case concerning a young woman who died following undiagnosed aortic dissection at the Defendant’s hospital.  The case was settled at RTM in 2022.
• B v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] 6 WLUK 227, acted on behalf of the Defendant trust in a successful application for summary judgment at interlocutory stage in a clinical negligence claim brought by a litigation in person whose experts ceased to be instructed by him.
• Acted for a Defendant Trust in a case concerning a failure to provide correct advice to a young woman (37) who died from pulmonary embolus, leaving three dependent children.  The case was settled at JSM in 2021.
• Acted for the Defendant GP in a cauda equina case pleaded at over £1m, settled against leading counsel in late 2020.
• Acted for the widow of a deceased patient in highly complex fatal case concerning (i) failure to diagnose cancer by a GP and (ii) subsequent (acute) failures whilst chemotherapy was being administered (i.e. failure to identify bowel obstruction).  The case was settled at mediation in late 2020.
• Acted for the Claimant in a maternal death case for the widower of a mother who died two weeks after the birth of her first child from an infection associated with childbirth.  Seb acted in the inquest and consequent civil case and advised on settlement, which was approved in mid 2020.
• Acted for the Defendant in a case concerning bowel injury and a spectrum of abdominal symptoms pleaded at just below £1m.  The case engaged the grey area of fundamental dishonesty and functional elements of pain.
• Acted for a widow in a case concerning a delayed diagnosis of cancer, which was settled at JSM in late
• Acted for the Claimant in a civil claim arising out of the tragic suicide of a young man with drug addiction who took his life after walking into the path of a train.  The previous week he had attempted to do the same thing, but had walked in front of a slow-moving stopping service (which stopped in time to avoid hitting him).  Liability turned on the lack of action by community services after this “second chance” opportunity presented itself.
• Acted for a Defendant in a claim arising out of negligent bowel surgery, resulting in an open perineal wound and permanent stoma complicated by arthritis.  Case pleaded at over £5m, settled at JSM in January 2020 (against KC and junior counsel).
• Acted for a Claimant in a cosmetic surgery case in which medical records had been amended in such a way as to make it look as though they were contemporaneous (2019).
• Acted for a Claimant in a case concerning hip fracture and surgery.  Liability disputed, case complicated by the Claimant suffering onset of dementia and becoming protected party during the course of the litigation.  Case settled at JSM in December 2019.
• Acted for a Defendant Trust in a case concerning management of a haemophiliac mother who died shortly after the birth of her child, settled at mediation December 2018.
• Acted for a Claimant in a claim against a hospital and a surgeon arising out of negligent treatment following surgery, namely post-operative bleeding causing hypotension and low haemoglobin levels, causing loss of eyesight (2018).
• Acted for the Defendant in a case concerning hypoxic brain injury following cardiac mis-management in a middle age man, settled at JSM shortly before trial in December 2008 (against KC).
• Represented a GP in a Fatal Accidents Act claim at trial before HHJ Cotter  (2018).
• Represented an NHS Trust in a high-value cerebral palsy case at trial on liability issues in February 2018 (without a leader).
• Acting on behalf of a child who suffered brain injuries as a result of un-diagnosed meningitis (ongoing in 2018, led by John De Bono KC).
• Acted on behalf of a GP in a high-value fatal accidents act claim relating to allegedly negligent failure to refer a patient with potential cardiac symptoms.  Case settled at round table meeting in January 2018.
• Acted on behalf of an NHS Trust in a complex high value bowel injury case, settled at mediation in November 2017.
• Acted on behalf of an NHS Trust at trial on liability issues in a case concerning bowel perforation (February 2017).
• Acted on behalf of an NHS Trust in a birth injury case in which the Claimant sustained a fourth degree tear following childbirth.  Case pleaded at approximately £1m, settled at round table meeting October 2016.
• Acted on behalf of NHS Trust in cerebral palsy case on quantum with pleaded  capitalised value of over £12m, led by Angus Moon KC.  Case settled at settlement meeting June 2016.
• Acted on behalf of GP in a case concerning self-inflicted eye injuries by patient with OCD.  Pleaded at approximately £1m, settled at round table meeting June 2016.
• Successfully represented the Claimant in a five day clinical negligence trial under the FAA 1976 in which breach of duty and causation were in issue (Hussain v East Midlands Ambulance Service NHS Trust, before HHJ Godsmark KC, unreported, November 2015), succeeding on all issues.
• Acted on behalf of Claimant in a case concerning negligently performed caecostomy, causing infection and secondary complications including renal failure and eyesight loss, latterly led by David Balcombe KC.  Case settled shortly before trial in May 2015.

recommendations

“Sebastian demonstrates a broad knowledge of both the legal and medical aspects of clinical negligence claims and is an accomplished advocate.”
Chambers & Partner

“He is excellent with seriously injured clients; he puts them at ease, explains things in a clear language they will understand and is very reassuring.”
Chambers & Partners

“He’s very tenacious, very commercially minded and very sensitive in terms of empathising with the opposition.”
Chambers & Partners

“Sebastian is very good in trial, a safe pair of hands with excellent advocacy skills.”
Chambers & Partners

‘An excellent and intelligent barrister, who is lovely with clients.’
The Legal 500

“He is incredibly hard-working.”
Chambers & Partners

“Seb is excellent. He provides pragmatic advice and always has helpful suggestions to take a case forward. He is particularly good with clients.”
The Legal 500

“Very analytical – he scrutinises the details of a case and ensures all the requisite evidence is in place”
The Legal 500

“He’s intelligent, thoughtful and excellent with clients. He will always go the extra mile on difficult cases and is superb at guiding experts.”
Chambers & Partners

“Always very well prepared and thoughtful.”
Chambers & Partners

“He has an incredibly approachable and collaborative approach.”
Chambers & Partners

‘An accomplished advocate who demonstrates a broad knowledge of both the legal and medical aspects of clinical negligence claims’
The Legal 500

“He has a very good manner in court – he’s very forthright and forceful but charming.”
Chambers & Partners

“He does a fantastic job for his clients.”
Chambers & Partners

‘Able to handle complex clinical issues in a timely and practical manner. ’
The Legal 500

“He has a very personable manner with clients and he is so down-to-earth.”
Chambers & Partners

“He’s precise, thorough, responsive, and provides extremely good-quality legal advice.” “He is conscientious and prepared to go the extra mile.”
Chambers & Partners

“Very concise, he is able to pull out the relevant parts of the case and really get to grips with the key points.”
Chambers & Partners