Richard Gregory

Richard undertakes work in the field of clinical negligence. This is an increasingly active part of his practice and dovetails neatly with his personal injury practice. He regularly accepts instructions in relation to a wide range of clinical negligence claims, including those relating to accident and emergency medicine, orthopaedic surgery, general and colorectal surgery, oncology, general practice, psychiatry, obstetrics and gynaecology.

Richard also has experience of attending inquests arising out of deaths which have occurred in a care home or hospital setting.

Clinical Negligence: Notable Cases

A sample of Richard’s concluded and ongoing clinical negligence cases are set out below:

• SD (a child) v Chesterfield Royal Hospital NHS Foundation Trust: (2016 – ongoing): Instructed on behalf of the Claimant in relation to a claim arising out of a misdiagnosis of right sided hemi-hypertrophy and the delayed diagnosis of left hip dislocation caused by developmental dysplasia.
• MM v Oxford University Hospitals NHS Trust: (2016 – ongoing): Instructed on behalf of the estate of the deceased and her dependants under the Fatal Accidents Act 1976 in connection with a claim arising out of the delayed diagnosis of recurrent sidewall cervical cancer.
• JS (a child) v Derby Hospitals NHS Foundation Trust: (2015 – ongoing): Instructed on behalf of a Claimant in connection with a failure to either aspirate or remove a haemorrhagic ovarian cyst with the result that she experienced further episodes of acute abdominal pain and later required the removal of her right ovary and fallopian tube.
• RV v Surrey & Sussex Healthcare NHS Trust: (2013 – 2015): Instructed on behalf of the estate and the dependent husband and children under the Fatal Accidents Act 1976. The Deceased was admitted for an induced labour and despite exhibiting flu like symptoms at a time of heightened H1N1 swine flu activity, the Trust failed to prescribe anti-viral medication contrary to the clinical guidelines which were in force at the time. It was later established that the Deceased had contracted swine flu and tragically she passed away 4 weeks after giving birth to a healthy girl. Following the exchange of witness statements, expert evidence and joint statements and shortly before an Assessment of Damages Hearing was due to commence, the claim settled at a Joint Settlement Meeting for £400,000.
• In the matter of EN: (2013): Represented the family of a man who was admitted to hospital for a fractured hip, who developed pneumonia and later died. The Coroner returned a narrative verdict in which he found that the cause of death was hospital acquired pneumonia contributed to by pulmonary oedema, ischaemic heart disease and multiple scelorsis. The Coroner identified a failure to monitor, review and investigate the deceased’s condition appropriately and concluded that these ‘gross failings’ had contributed to the deceased’s death.
• RL v Ashford & St Peters NHS Trust: (2012-2013): Instructed on behalf of the Claimant. An endoscopic retrograde cholangio-pancreatography (ERCP) was inappropriately undertaken as a diagnostic test and with a view to biliary sphincterotomy, despite the resolution of previously reported abdominal pain and normal ultrasound and liver function tests. During the procedure, the Claimant’s biliary tree was damaged causing peritonitis and pancreatitis, leading to acute sepsis and subsequently renal failure requiring regular haemodialysis. The Claimant was subsequently compromised for £300,000.
• CAT v Epsom & St Helier University NHS Trust: (2011): Instructed as Junior Counsel in relation to the quantum of a claim brought on behalf of a Claimant who suffered from cerebral palsy as a result of negligence in the management of his mother’s labour. One of the issues in the case was the means of valuing the accommodation claim, given the Claimant’s shortened but very uncertain life expectancy and in particular whether there were more satisfactory alternatives to the Roberts v Johnstone formula. After a contested hearing against Leading Counsel, Richard secured permission to obtain expert evidence with a view to challenging the assumptions underlying the Roberts v Johnstone formula. The claim was subsequently compromised at a Joint Settlement Meeting on the basis that the Claimant would receive a lump sum award of £2.8m and periodical payments ranging from £68,600 to £220,000 per annum. 
• IBA v Oxford Radcliffe Hospitals NHS Trust: (2010-2011): Instructed as Junior Counsel for the Claimant who developed severe cerebral palsy as a result of the mismanagement of his mother’s labour. The means of valuing the accommodation claim was again in issue, as the Claimant’s life expectancy was adversely affected but uncertain. Following a contested hearing, Richard obtained permission to acquire expert evidence from a financial expert with a view to challenging the assumptions underlying the Roberts v Johnstone formula. The claim was subsequently compromised at a Joint Settlement Meeting on the basis of a lump sum award of £2.2m and periodical payments ranging from £235,000 to £260,000 per annum.