| Areas of Practice: |
James Rowley specialises in Personal Injuries and Clinical Negligence litigation. He has experience in Group Actions, Inquiries and in cases of maximum severity. His breadth of experience allows him to cover the entire spectrum of traumatic and clinical negligence cases, together with sporting injuries arising out of team games and motor-sports.
An understanding of medical/expert evidence, numeracy and attention to detail in paperwork maximises his client's position.
- Brain injury (including hemiplegia, blindness, dysexecutive syndrome, and hypoxic injury from cardiac arrest.)
- Spinal injury (including paraplegia and tetraplegia, partial and total, and at different levels.)
- Amputee cases at all levels, including bilateral amputation.
- Psychiatric Injury including P.T.S.D. (Monk Wearmouth Mining Disaster, British Airways wind shield blow-out, Korean Airlines Stanstead crash, PTSD Group actions v MoD) and mismanagement of schizophrenia.
- Obstetric and neo-natal mismanagement: IUGR, failure in CTG monitoring, excessive use of Syntocinon, cases of twin delivery, cord prolapse and shoulder dystocia. Perineal tears. HIE, hypoglycaemia and polycythaemia, persistent pulmonary hypertension, vitamin K deficiency and GBS infection in the new born, retinopathy of prematurity, achondroplasia/foramen magnum decompression.
- Delay in diagnosis of: cancers (especially breast and colon), meningitis, subarachnoid haemorrhage, brain abscess, tetanus, diabetic foot, aortic aneurysm, ectopic pregnancy and slipped femoral epiphysis.
- Cardiac disease, stoke, mismanagement of hypertension.
- Minimally-invasive (keyhole) surgery, ERCP including torn oesophagus, gastro-enterological and colo-rectal disease, acute pancreatitis and hepato-biliary tract disease; gastrectomy and vagotomy; radiation enteritis.
- Complicated calculations of damage and valuation of claims.
Noteworthy Cases:
Samantha Roberts v MOD
Inquest (Oxford 12.06) + FAA claim (settled for an undisclosed sum) - 1st British caswualty of 2nd Gulf War; shot by own side who lacked rigorous training in the firing of the coaxial machine gun on Challenger II tank; body armour, removed shortly before the incident would have saved life.
Morris v Blackpool Victoria Hospital NHS Trust [2004] EWCA Civ 1294 (Potter LJ, Rix LJ, Carnwath LJ)
Despite a trial judge’s error in rejecting the medical diagnosis of IUGR against the majority of medical evidence, his other findings were fair and securely based on a reasonable approach to the evidence and therefore his dismissal of a claim in negligence against the defendant hospital was upheld.
In the PTSD Group Actions - Multiple Claimants v MOD [2003] EWHC/1134 (QB)
Ministry not generally in systemic breach in the past when the risk of chronic/delayed PTSD was thought to be low. Ministry immune under Statute prior to 1987 and with continuing Common Law combat immunity as widely defined. However, 4 of the 14 Lead Claimants established liability (subject to statutory immunity in early cases) for Bolam breaches in their care after combat. CBT and drug therapy found to be effective in the treatment of PTSD.
Report of The Royal Liverpool Children’s Inquiry - HMSO (2001)
Craven v John Riches et al and Knockhill Racing Circuit [2001] EWCA CIV 375.
High Tetraplegic. Negligence - Sport - Tort. Occupiers' Liability: Motorcycles: Race Tracks: Events: Enthusiasts: Speed Groups: Riders: Excessive speeds: Unexpected dangers: Causation: Factors causing accident: Duty of Care: Obstructions: Contributory Negligence: Occupiers' Liability Act (Scotland) Act 1960.
Jebson v MOD [2000] 1 W.L.R. 2055, I.C.R. 1220 CA.
"Ministry liable for injury after night out" - where an obligation of care was implied or assumed in respect of a person who was likely to be drunk, that liability could not be avoided because the person was inebriated.
Cargill v PR Excavations, apil vol 10 issue 2, May 2000, QBD, Penry-Davey J.
Experienced ground worker suffered severe brain injury when working with an excavator driver of equal status, as spoil placed too close to the excavation fell into it. Absolute breaches of statutory duty but caused by the two men themselves. Principles of joint enterprise and vicarious liability applied leading to recovery of 50% of damages to be assessed. |
