Healthcare and Clinical Negligence

Medical treatment cases: this highly specialised team is led by Caroline Harry Thomas QC. Members have appeared on behalf of patients, doctors, trusts, the CAFCASS legal guardian and the Official Solicitor in the High Court and Appellate Courts and in the Court of Protection.

Cases involve a wide range of aspects of medical treatment, care and human rights, capacity, consent, the withdrawal or withholding of life sustaining treatment, resuscitation and confidentiality.

Key reported cases include

• W (by her litigation friend B) v M [2011] EWHC 2443 (COP) the first case concerning the legality of proposed withholding and withdrawal of artificial nutrition and hydration from woman in a minimally conscious state
• An NHS Trust v MB and others [2006] 2FLR 319: withholding and withdrawal of life sustaining treatment from a child.
• Trusts A and B v H (2006) 2 FLR 958: withholding and withdrawal of life sustaining treatment.
•  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: judicial review of the legality of GMC guidance concerning withholding and withdrawal of artifical nutrition and hydration

Caroline is a founding member of the chambers Medical Group which includes a team of junior and senior juniors committed to developing and augmenting their practices in this area, some of whom have spent time on secondment with specialist healthcare teams and have in-depth experience of working with the NHS.

Clinical Negligence: this practice area is also led by Caroline Harry Thomas QC. The typical case profile is high value claims arising from severe neurological injury and obstetric negligence/cerebral palsy.  

Please read further information on medical regulatory and disciplinary work.