As her practice has developed, Gemma has found that the majority of her instructions are now in fields of clinical negligence and costs. Whilst she continues to act in personal injury matters, her practice has developed to such an extent that she is instructed in higher value PI and serious injury cases. She also has an increasing interest in Court of Protection work; not least given the overlap between her specialisms, and is regularly instructed in inquests with and without a jury.
In respect of costs (having previously worked as a costs draftsman), she regularly drafts (Points of Dispute, Replies and Costs Budgets), advises on points of principle and attends interim applications and Provisional and Detailed Assessment Hearings. She often represents parties at Costs Management hearings of significant value and frequently appears at the Senior Courts Costs Office.
In the majority of the clinical negligence cases in which she is instructed, she often finds herself instructed against much more senior counsel. The claims she is instructed on are generally high value and complex. Gemma is known by both her professional and lay clients for her approachable style, whilst being able to understand the complexities involved in the cases in which she is instructed. Her approachability and understanding are key to her being able to work alongside experts at the top of their field and in securing her clients the best possible settlements.
In clinical negligence Gemma works primarily for Claimants, whilst the rest of her practice sees her split between parties.
DJ v – WMI – Substantial settlement following JSM in a claim where causation was hotly disputed.
LB v LHCH – Pleaded post Montgomery v Lanarkshire Health Board. Settlement in a claim where the failure to counsel on “material risks” would previously have been considered “Bolam” defensible.
GL v BCUHT – Article 2 Inquest with a Jury where it was established that inadequate staffing, communication, policy and procedure in a dementia ward probably contributed to the death of the Deceased. http://www.bbc.co.uk/news/av/uk-wales-36667202/long-18-months-for-dementia-patient-gwilym-lumley-s-family
Sample Ongoing Clinical Negligence Cases
• Delayed treatment leading to loss of sight; liability admitted; quantum pending.
• Child born with significant deformity as a result of failure to adequately consider sonogram
• Brain injury to child as a result of failure to treat mother for appendicitis leading to premature birth
• Delayed diagnosis of cancer leading to premature death
• Delayed diagnosis of vascular disease resulting in over the knee amputation
• Multiple cases involving surgical negligence leading to life changing injuries
• Multiple cases involving a failure to obtain informed consent
• Multiple cases involving cosmetic surgery