Clinical Negligence & Healthcare
“He very quickly gets to the nub of what is required and delivers it.”
Chambers & Partners
Simon represented the claimant in Bradshaw v. Northampton General Hospital NHS Trust & University Hospital Birmingham NHS Trust.
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Experience & expertise
Simon is a recognised leading practitioner in the fields of clinical and dental negligence. Chambers & Partners notes that he is “admired for his far-reaching practice which encompasses cases concerning, amongst other things, wrongful birth, cerebral palsy and claims under the Fatal Accidents Act. He regularly acts for both claimant and defendants in high-value cases.”
Simon has practised in the field of clinical negligence since starting in Chambers in 1999. He now has a very extensive clinical negligence practice. The scope of his practice extends to all aspects of clinical and dental negligence and at all judicial levels. However, he now tends to be mostly instructed on high value and complex claims either against a Silk or senior counsel. Simon has a particular interest and expertise in cases concerning Cerebral Palsy, other traumatic acquired brain injury, neurological injury, Cauda Equina Syndrome, amputations, fatal claims, cases involving blindness or seriously impaired vision (particularly arising out of a failure to diagnose or treat Glaucoma), and his ongoing workload routinely encompasses numerous examples of such cases. Additionally, Simon has been recognised over the years as having a particular expertise in respect of cases involving dental negligence.
Simon acts on behalf of both Claimants and Defendants, and is regularly instructed by the leading Claimant firms, the NHSLA (through its panel firms), all 3 leading defence organisations (MDU, MDDUS, MPS), as well as insurers providing medical professional indemnities.
Complementing his clinical negligence practice, Simon has a substantial practice in respect of product liability claims arising within the context of the healthcare sector. This work encompasses claims relating to pharmaceuticals, medical products and devices, and surgical prostheses. Recent cases have involved the dopamine agonist Pergolide, a defective implantable cardioverter defibrillator (ICD), defective surgical drains and instruments, defective metal on metal hip prostheses and a defective electric wheelchair.
Simon has extensive experience of ADR and mediation of clinical claims.
Simon is happy to discuss potential cases prior to formal instructions being sent and is often involved in “screening” cases for Claimant firms of solicitors with a view to identifying early on those cases which have real prospects of success. Simon is always accessible, and happy at any time to have an informal discussion about a case.
Simon is regularly invited as a speaker and conference chair by organisations such as AVMA.
Cases & work of note
- Brown v Scarborough & North East Yorkshire Hospitals NHS Trust – High Court trial concerning nerve damage following hysterectomy heard by HHJ Thornton KC sitting as a judge of the High Court.
- Kent v Berry – junior counsel in this claim before Butterfield J concerning alleged GP negligence in providing antenatal and obstetric care.
- Bradshaw v Northampton General Hospital NHS Trust & University Hospital Birmingham NHS Trust – Simon was led by John de Bono KC in this fatal claim before the High Court where an 18 year old took a paracetamol overdose and then attended A&E, where it was said she was negligently treated. She then suffered liver failure and was transferred to the Birmingham liver unit where an intra-cranial pressure monitoring device was placed too deeply into her brain killing her. She left a 2 year old daughter.
Click here for further details - X v Y NHS Trust – a complicated and high value claim for negligent failure to identify and treat developing cauda equine syndrome – a surgical emergency. The claimant who had previously been fit and well was left unable to work, unable to walk for other than short distance and spent most of his time in bed defendant upon care provided by elderly relatives. The case settled on favourable terms.
- A v B NHS Trust & anor – Simon appeared in this complicated clinical negligence claim for the claimant which involved a failure to diagnose and treat two different spinal lesions at two different levels both by the claimant’s GP and also the NHS trust. The claim also involved allegations of negligently botched surgery. The claimant was left unable to work and with very poor mobility. The case settled on favourable terms. Simon was led by Michael Mylonas KC.
- S v NHS Trust – Simon acted for the defendant in this quantum only clinical negligence claim involving an additional brain injury in the case of a claimant who had previously suffered one. The case concerned difficult questions of causation of the extent of the injury and resultant care needs. It settled for a lump sum plus an annual periodical payment.
- Holloway v DCM Optical & McGraw – Simon was instructed on behalf of the defendant in this two week long trial concerning a claimant left allegedly almost blind following laser eye surgery at optical express. The case involved complex consent issues.
Click here for further details - M. v. MY NHS Trust – Simon acted as sole counsel for the claimant in this claim concerning a failure to timeously diagnose cauda equine syndrome. The claim was settled for in excess of £1 million.
- L v. L NHS Trust – Simon acted as sole counsel for the Defendant in this claim involving a failure to carry out neurological observations following spinal surgery, with formation of a spinal abscess and consequent ongoing severe neurological injury. The claim settled for £1.5m.
- DeS v. NHS Trust – Simon acted as sole counsel for the Claimant in this claim involving an above knee amputation, the claim settled for in excess of £1.5m.
- P v. MC NHS Trust – Simon acted for the Claimant in this claim relating to a failure to adequately treat glaucoma. The claim settled for in excess of £400k.
- J v. E&N H NHS Trust & Others – Simon acted for the Claimant in this claim involving a failure to timeously identify a cervical cord compression. The case was complex involving numerous defendants and difficult causation issues. The claim settled for in excess of £0.5m.
- M v. C NHS Trust – Simon acted for the Claimant in this claim for failure to diagnose cervical cancer timeously. The claim was settled for £600k.
- D v. N NHS Trust – Simon acted for the Defendant in this vascular case resulting in an above knee amputation. The claim settled for £750k.
recommendations
“He is a fierce negotiator. He knows the value of a case and will fight till he gets there.”
Chambers & Partners
“Simon is always on hand to provide sound guidance on complex legal issues. He is always well prepared and has a breadth of expertise in the clinical negligence field.”
Chambers & Partners
“Simon is a fearsome advocate, pragmatic and tenacious.”
Chambers & Partners
‘Extremely personable, very empathetic with clients in difficult situations but able to deliver challenging advice in a clear and supportive manner. Always across the issues and incisive on tactics.’
The Legal 500
“He is a very good negotiator and is quick to get to the crux of the case. He is very good with clients and they really enjoy working with him.”
Chambers & Partners
“He handles complex cases and is an astonishing tactician.”
Chambers & Partners
“He’s well prepared and meticulous in his pleadings; he leaves no stone unturned.”
Chambers & Partners
“A very bright and intelligent barrister.”
Chambers & Partners
“Simon thinks outside the box and achieves excellent outcomes”.
The Legal 500
‘Leaves no stone unturned and addresses each aspect of the case.’
The Legal 500
“An exceptional advocate who is great on his feet and can deal with very complex statistical cases in a tactical way. He is an exceptional cross-examiner.”
Chambers & Partners
‘Very pragmatic and adept at managing client expectations.’
The Legal 500
“Very bright and very efficient. He is able to cut through to the issues and has got a fantastic work ethic.”
Chambers & Partners
‘He is very knowledgeable and thorough and thinks outside the box.’
The Legal 500
“We have had him in difficult cases and he has handled them sensibly and diplomatically, keeping everyone happy.” “He very quickly gets to the nub of what is required and delivers it.”
Chambers & Partners
‘A tough negotiator, who gives very pragmatic advice.’
The Legal 500
“He is gentle with clients but he is also to the point.”
Chambers & Partners
“He’s exceptionally bright – the amount of information he can digest in a short space of time is quite amazing. He’s very helpful and offers a very comprehensive review and solid opinion that you can really use.”
Chambers & Partners
“A strong performer.”
The Legal 500
“He’s exceptionally bright – the amount of information he can digest in a short space of time is quite amazing. He’s very helpful and offers a very comprehensive review and solid opinion that you can really use.”
Chambers & Partners
“His ability to get the information needed for a case, and his thorough examination and cross-examination of experts, are great.”
Chambers & Partners
“His attention to detail and tenacity really saves the day.”
The Legal 500
“Simon Cridland is praised for his broad knowledge and the speed at which he turns papers round. All interviewees were quick to point out the high quality of his work and his first-class advice and assistance.”
Chambers & Partners