Medico-Legal

Medico-Legal

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Toby has long and extensive experience both here in New Zealand and in the UK, in dealing with a multitude of cases relating to injury, illness and the medical issues relating to them (including professional standards), from the simplest traumas to catastrophic injuries including spinal and brain injury, pre-natal and peri-natal injury, late/failed diagnosis in children and adults, and a wide variety of medical and surgical fields.

  • Swain v (1) Geoffrey Osborne Ltd (2) PJ Browne Ltd [2010] EWHC 1108 (QB); [2010] EWHC 3118 (QB), Foskett J. Represented Geoffrey Osborne Ltd – Claimant allegedly slipped on muddy pavement opposite a building site. He sued the main contractor Osbornes and the groundworks subcontractor Browne. Both were found liable at trial. In contribution proceedings Osbornes obtained a full indemnity from Browne, together with indemnity costs from the expiry of a Part 36 offer.
  • Hopps v Mott MacDonald/MOD [2009] EWHC 1881 (QB) (led at trial by Mark Turner QC) – Claimant engineer was working in Basra, Iraq. He was injured when a road-side bomb was detonated near the Army Land rover in which he was travelling. He sued his “employers” Mott MacDonald and the MOD for failing to provide him with an armoured vehicle. £1M claimed. Issues included proper scope of expert evidence, “security” evidence, ballistics expert evidence, whether the reconstruction of Iraq’s infrastructure was a “desirable activity” within the meaning of s.1 of the Compensation Act 2006; whether that section has retrospective application.
  • Aktas v Adepta [2010] EWCA Civ 1170; [2011] 2 W.L.R. 945] – Junior Counsel – Abuse of process, failure to serve of claim form, second set of proceedings. Effect of Horton v Sadler [2007] 1 AC 307 on Hashtroodi v Hancock [2004] EWCA Civ 652 and other cases.
  • Chinery v EWE [2002] EWCA – Junior Counsel – Liability of subcontractor who creates a dangerous trap, in respect of injury to another subcontractor’s employee (rendered paraplegic).
  • Representing ACC on appeals at District Court and High Court level.
  • Malpractice claims relating to many descriptions of alleged fault on the part of doctors and hospitals, including complex surgical claims, in the UK and Hong Kong.
  • Representing a medical organisation in relation to a Health and Disability Commissioner investigation arising out of the death of a child
  • Instructed by National Health Service Legal Authority in catastrophic clinical birth injury claims.
  • Acted for the claimant in TTT v Kingston Hospital NHS Trust, Owen J, 25.11.11 – catastrophic birth injury; interim payments £1.5M.
  • Other examples: failure to diagnose cerebral abscess leading to catastrophic brain injury; failure to identify and remove foreign body inside skull leading to brain damage; late diagnosis of cancer; failure to diagnose congenital dislocation of hip; failure to diagnose infection causing osteoporosis; complex spinal operation causing stroke and neurological complications; novel operation on spine allegedly unreasonable; severe brain and physical damage following perinatal operations for congenital diaphragmatic hernia; breast augmentation surgery – use of wrong-sized implant; late diagnosis of neonatal meningitis; MRSA infection.