Caroline Harry Thomas is a specialist in medical law. She is an acknowledged leading practitioner and "held in high esteem" in the medical ethics field in cases involving medical treatment, incapacity and Human Rights law, where she is instructed by the Official Solicitor on behalf of adults, CAFCASS on behalf of children, NHS Trusts and patient's families as well as being instructed to act as Advocate to the Court. Caroline has acted in a number of the high profile landmark medical treatment and ethics cases, involving issues relating to the end of life and withdrawal or withholding of life sustaining treatment from adults and children.

Caroline also specialises in clinical negligence litigation and is instructed by both Claimant and Defendant in high value cases of maximum severity, with particular experience in severe brain and neurological injury cases. She is recommended as a notable practitioner in clinical negligence by Chambers and Partners for 2006 and 2007 where she is described as a "favourite of solicitors and barristers".

Caroline was appointed a Recorder in 2003; in 2006-7 she was a member of the Mental Capacity Act Informal Rules Committee and is a contributing author of Heywood and Massey: Court of Protection Practice. Caroline is Vice Chairman of the Council of a co-educational school.

Education

After graduating in law from Exeter University, Caroline did "a stage" with the European Commission, before reading for the Bar and being called in 1981. She is a member of the Professional Negligence Bar Association, COMBAR and the Medico-Legal Society.

Professional Experience

Clinical Negligence

Caroline has substantial experience in a wide variety of clinical negligence work, acting for both leading Claimant firms and Defendant NHS bodies, including a large number of high value claims. She has a reputation for meticulous preparation and developing an easy and highly effective working relationship with clients and instructing solicitors. Caroline has particular experience in high value claims, cases involving severe neurological injury and obstetric negligence/cerebral palsy cases, as well as cases involving complex issues as to causation and damages. Her solicitors describe her as "an extremely good advocate, meticulous in her preparation".

Cases include:
X v South Manchester Health Authority (2005) (cerebral palsy quantum); Temple v South Manchester HA [2002] EWCA Civ 1406 (Court of Appeal considered evidence on causation of cerebral oedema and brain damage following a child's treatment for diabetic ketoacidosis

Medical Treatment, Capacity, Human Rights and the Court of Protection
Caroline has considerable expertise and experience in the law relating to issues of the capacity, medical treatment and welfare of adults and children, under the Common Law High Court framework prior to October 2007, as well as the new Court of Protection jurisdiction set up under the Mental Capacity Act 2005. During 2006/7 Caroline was a member of the Mental Capacity Act Informal Rules Committee and is a contributing author on medical treatment litigation in the Court of Protection and related subjects in Heywood and Massey Court of Protection Practice.

Caroline's practice in this field spans a wide range of aspects of medical treatment, care and human rights, dealing with issues of capacity, consent (refusal of treatment by minors and adults), the withdrawal or withholding of life sustaining treatment (ventilation, resuscitation, or artificial nutrition and hydration in patients in PVS or a minimally conscious state), whether the provision of treatment or a specified care plan is in a person's best interests, Advance Decisions/Directives issues; confidentiality and associated media/public interest issues and orders. Caroline is instructed by the Official Solicitor or the CAFCASS Legal Guardian (for the patient), NHS bodies and families of patients as well as acting as Advocate to the Court on many occasions. In addition to specific litigation, Caroline advises NHS bodies and lead clinicians on the Mental Capacity Act 2005 and medical treatment and Human Rights issues.

Caroline has been instructed in many of the most significant medical treatment cases in the last few years her recent reported cases include:

A Hospital v SW (acting by the Official Solicitor) and A PCT (2007) LS Law Medical 273 the court considered whether it was in the best interests of a patient in the permanent vegetative state for life sustaining treatment to be discontinued and the entitlement of the Official Solicitor to seek his costs from Claimant NHS Trusts in such cases and generally in medical treatment cases. Caroline acted for Ms SW, instructed by the Official Solicitor.

An NHS Trust v J (2007) 94 BMLR 15, [2006] All ER 73 - a case about whether it was in J's best interests to receive drug treatment before consideration of primary application for withdrawal of artificial nutrition and hydration. Caroline acted on behalf of Ms J, instructed by the Official Solicitor.

An NHS Trust v MB and others [2006] 2FLR 319 - In this very high profile case the Court considered whether life ventilation and other sustaining treatment should be withdrawn from an 18 month boy MB, suffering from spinal muscular dystrophy. Caroline acted for the Guardian who opposed the parents' case that ventilation should be continued. Media injunctions also dealt with.

Trusts A and B v H (2006) 2 FLR 958 a case concerning whether certain medical and surgical treatment was in the best interests of a patient detained under the Mental Health Act 1983. Caroline was instructed by Trusts A and B.

R (on the application of Oliver Leslie Burke) v General Medical Council &the Disability Rights Commission &others [2006] QB 273 (2005) HRLR 35 (2006) UKHRR 509 The Court of Appeal considered the lawfulness of the General Medical Council's guidance as to the withholding and withdrawal of artificial nutrition and hydration and whether it breached the European Convention on Human Rights. Caroline was instructed as junior by the Official Solicitor who intervened.