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Thomas Wood - 42BR Barristers

Thomas Wood

Call 2002
Telephone 020 7831 0222 | Email [email protected]

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Thomas Wood

Call 2002
Telephone 020 7831 0222 | Email [email protected]

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Tom excelled in his university studies. Achieving a First Class degree in law and receiving four subject prizes (including tort and medical law). He was awarded two Scholarships from Lincoln’s Inn (Lord Denning and Hardwicke) and was called to the Bar in 2002. His pupilage encompassed primarily medical law issues (negligence claims, consent and capacity issues and professional regulatory prosecutions) as well as personal injury and other regulatory work.

He has been at 22 Old Buildings and then 42BR Barristers since 2005 practicing almost exclusively in the fields of personal injury and clinical negligence.

Tom is a contributor to Westlaw Insight and regularly provides training on all aspects of his practice.

Tom is able to accept instructions on a public access basis from individuals, companies and other organisations including NHS Trusts.

Clinical Negligence

As a specialist and experienced clinical negligence barrister his work encompasses all aspects of medical malpractice. He is recommended in the Legal 500 for his Clinical Negligence work. He regularly advises on cases worth six and seven figures in the High Court.  A selection of recent cases include:

  • Obstetric and midwifery negligence at birth;
  • Hypoxic Brain Injury from different sources (including preventable cardiac arrest and stroke)
  • Delayed diagnoses of cancer;
  • Negligent prescription of chemotherapy and other drugs;
  • Negligent operative treatment;
  • Negligent treatment leading to suicide;
  • Failing to provide adequate post-operative care;
  • Misdiagnosis of torsion of the testicle;
  • Surgical Instruments and/or other items left internally during surgery; and
  • Hospital acquired infection cases, including MRSA and Clostridium Difficile.

Tom prides himself on his analysis of difficult causation points. He is comfortable advising upon technical aspects of causation and arguing them in Court where necessary.

In relation to quantum Tom’s work is dedicated to the detailed pleading that complex cases require.

Tom is equally at home representing Claimant’s or medical practitioners.

Tom is able to accept instructions on a public access basis from individuals, companies and other organisations including NHS Trusts.

Notable Cases

AS v (1) PR and (2) WA - The Claimant was wrongly diagnosed with a significant cardiac artery stenosis.  She therefore chose to undergo unnecessary cardiac surgery and gave up her career to avoid stress.  She only discovered the misdiagnosis years later after she had moved out of London and completely changed her lifestyle.  The Defendant's both denied liability until a limited admission was made in one Defence.  The claim settled at JSM for a substantial six figure sum after receipt of Joint Statements.

SML v SRH - The Claimant alleged negligently performed bariatric surgery.  The surgeon had deviated from standard surgical technique and she suffered extensive splenic injury.  The complications thereafter resulted in a long a difficult recovery, but the Claimant survived.  A significant settlement was reached between the parties.

PZ v SGUH - The Claimant developed cauda equina syndrome.  There were primary and secondary care Defendants.  In addition to the usual causation dispute an interesting point about whether there was a delay in the transfer of the Claimant from a District General Hospital to a Tertiary Care Centre.  A substantial settlement was agreed.

 

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Court of Protection

  • Tom accepts instructions to appear in the Court of Protection.

Inquests

Coroner’s court work is an important part of Tom’s work. He receives instructions from a variety of interested parties, but is always acutely aware of the respect required for all those involved in what is understandably a difficult process for all those involved.

Tom is keen to be involved from the earliest opportunity to engage with the investigation of the facts, the HSE (where appropriate), interested parties and, of course, the Coroner themselves. Advisory and advocacy work in the Coroner’s Court forms a vital part of the investigation of the untimely death of an individual.

Tom often advises in relation to potential civil actions that may be running alongside, or starting after, the conclusion of proceedings before the Coroner.

Tom is able to accept instructions on a public access basis from individuals, companies and other organisations including NHS Trusts.

Personal Injury

Tom’s written and court work as a personal injury barrister now focuses on Multi Track disputes. He advises on cases in six figures on a regular basis and enjoys the process of negotiation and settlement, whether at JSM or otherwise. He has significant experience of all types of personal injury claim:

  • road traffic
  • employers liability
  • occupiers’ liability
  • highways act
  • fatal accidents
  • industrial disease (including asbestos related disease, vibration injuries and NIHL)
  • He works for both Claimants and Defendants and prides himself on being able to interact constructively with his lay client, whether individual or insurer, to conclude the claim on the best possible terms.

He has a significant part of his work dedicated to fraudulent road traffic claims, including fraud rings, staged accidents, exaggerated claims, phantom passengers and other opportunistic dishonest conduct. He is the author of the article on civil fraud on Westlaw Insight.

Tom has a particular interest in drafting complex Schedule of Loss and Counter Schedules. He has developed a keen interest in cost budgeting and mathematical aspects of personal injury work.

Tom is able to accept instructions on a public access basis from individuals, companies and other organisations including NHS Trusts.

Notable Cases

IJ v (1) AE (2) FCI Ltd (ongoing) - The Claimant was knocked from her moped suffering catastrophic orthopaedic injuries.  She required extensive rehabilitation, but has been able to regain some mobility.  Home adaptations are agreed with extensive assistance provided from the Defendant on an ongoing basis.  The claim continues.

TP v MP (ongoing) - The Claimant suffered a significant brain injury in a road traffic accident.  She lacks capacity and requires lifelong care.  The ability to be cared for in her own residential setting vs an institutional setting is the main issue between the parties.  The claim continues with the Defendant represented by a silk.

G v NP Ltd - The Claimant suffered a below elbow amputation in a farming accident.  Although liability was admitted contributory negligence remained in dispute throughout.  The type and extent of future surgery and prosthetics was the key dispute between the parties.  Tom successfully secured a multi-million pound settlement at a JSM with the Defendant represented by a silk.

S (Decd) v (1) Employer and (2) NHS Trust - The Claimant jumped off the roof of his employer's building and died.  He had previously informed both Defendant's of his particular suicidal ideation of doing just that.  The Employer denied that their duty of care extended to preventing suicide.  The NHS Trust admitted that they had failed to adequately treat his psychiatric illness.  The matter settled post-issue, but before trial with both Defendant's contributing to the agreed sum.

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Professional Regulatory and Disciplinary

  • Tom’s work encompasses the GMC, GDC, Nursing and Midwifery Council, General Chiropractic Council.
  • He is happy to hear at interim and final hearings and provide advisory work, where necessary.

Selected cases

  • Several cases of delayed diagnosis of different types of cancer;
  • Negligent operative treatment;
  • Failing to provide adequate post-operative care;
  • Misdiagnosis of torsion of the testicle;
  • Instrumentation left inside the body; and
  • Hospital acquired infection cases, including MRSA and C Diff

Areas of Expertise


Professional Memberships

  • PIBA
  • PNBA
  • AVMA

Education

  • Marling School, Stroud
  • King’s College London (LLB with First Class honours)

Scholarships & Awards

  • Lord Denning Scholar
  • Hardwicke Scholar (both Lincoln’s Inn)
  • 3 Serjeants’ Inn Medical law prize
  • Withers Trusts law prize
  • Tort law prize
  • Contract law prize
  • Laws exhibition award

Other information

  • I play cricket for Old Wimbledonians Cricket Club and enjoy watching all sport.
  • I am developing an interest in wine.
  • I hold the Queen Scout Award.

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Awards & Recognition











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