Rachel is regularly instructed by claimants and defendants, via their medical defence organisation, in a wide variety of clinical negligence claims. She has considerable experience of cases involving stillbirths and the specific common law principles to be applied to the recovery of damages in this context.
Rachel is regularly instructed at the outset of a case to determine its merits, or to determine whether it is a case to be rigorously defended. This invariably involves either advising on paper, if the matter is relatively straightforward, or in conference in circumstances where matters are more complex or there are a number of experts.
Frequently, Rachel will advise in conference in cases where there are in excess of five disciplines of expert. In such circumstances, it is important to be clear as to the evidence of each expert. It may be that a party is reliant upon the evidence of multiple experts in order to succeed in their claim or defence. Accordingly, it is important for this evidence to be tested and for the content of the expert report to be accurate and clear in readiness for service.
Rachel has considerable experience of drafting particulars of claim and defences in a wide range of matters, including pleading fundamental dishonesty, which is featuring more heavily in clinical negligence claims in recent times. Rachel has considerable experience of pleading complex and high value schedules and counter-schedules in circumstances where breach of duty, causation and condition and prognosis are all in dispute. She takes her pleading obligations extremely seriously and takes time to ensure that the medical records are very carefully considered prior to putting pen to paper. She has experience of representing all parties to clinical negligence litigation and regularly pleads cases worth more than £2million. She appreciates, however, that even low value clinical negligence claims can throw up complicated issues of fact and law, and is happy to advise in these cases, too.
Rachel has considerable experience of representing all parties at CCMC’s. This includes challenging and seeking to uphold costs budgets as well as ensuring that appropriate directions are obtained.
She has considerable experience of drafting agendas in difficult and complex cases, as well as making appropriate amendments to such agendas, depending upon the needs and interests of the party that she represents.
Rachel regularly represents claimants and defendants in joint settlement meetings and mediations. She has vast experience of determining damages in Fatal Accidents Act claims as well as in cases where claimants have been left disabled due to clinical negligence.
Rachel has considerable experience of managing claims on behalf of defendants in circumstances where there is room for doubt as to the veracity of the Claimant’s claim.