- Raymond Machell QC
- Geoffrey Tattersall QC
- David Allan QC
- Winston Hunter QC
- Christopher Melton QC
- Simon Myerson QC
- James Rowley QC
- David Heaton QC
- Andrew Lewis QC
- Sally Hatfield QC
- Richard Pearce
- Mary Ruck
- Peter Burns
- Darryl Allen
- Simon Kilvington
- Benet Hytner QC
Chambers and Partners 2012
|CALL||1988 (Inner Temple)|
|PRACTICE AREAS||Clinical Negligence
Assistant Deputy Coroner (Manchester) 2008
Inquest Lawyers’ Group
Clinical negligence has comprised Sally’s principal practice area for many years. She acts predominantly on behalf of patients and their families, and has extensive experience across the field, from diagnostic error by GP or hospital, to clinical mismanagement of labour, surgery or other procedure. She deals with cases involving causation of injuries of maximum severity and complexity, and particularly also in the psychiatric ramifications of breach of duty by healthcare staff. She also acts on behalf of prison inmates or their families in claims arising from the delivery of healthcare within the prison estate.Representative Concluded cases
Doona v Mather 2011, McKay J: Claim involving allegation of delayed diagnosis of melanoma resulting from GP consultation. May 2011: preliminary issue trial as to details of the Claimant’s consultation with the Defendant.
Z v Pennine Acute Hospitals NHS Trust 2011: Claim resulting from negligent obstetric care which led to Claimant undergoing hysterectomy following birth of 1st child. Settlement of claim included full costs of surrogacy expenses for 2 further children.
WR v Tameside & Glossop Acute Services NHS Trust – Claim by infant exposed on labour ward to TB, subsequently contracting TB meningitis leading to cerebral palsy. Allegation of failure by Trust to take precautionary screening measures in the light of the TB case. Settlement in excess of £2m plus periodical payments.
S v H – claim by 65 year old for failure in diagnosis and management of spinal arterio-venous fistula which rapidly progressed to paraplegia. Claim against neurosurgeon who saw the Claimant on a private basis. Settled in excess of £1m.
Wyatt v Curtis – wrongful birth claim arising from failure to warn of congenital risks posed by maternal chickenpox in pregnancy. Child born severely disabled. Contested trial of issues of breach and causation. Settlement in excess of £5m.
S v Morecambe Bay Hospitals NHS Trust – allegation of negligence arising from circumstances of bowel surgery in which C developed compartment syndrome of the legs. Severe outcome in young man. Settled in excess of £1m.
W v Morecambe Bay Primary Care NHS Trust – psychiatric patient in hospital, allowed to leave ward and jumped from motorway bridge, suffered spinal cord injury resulting in paraplegia. Liability compromised; settled for £400,000 plus periodical payments.
P v Greater Manchester Strategic Health Authority – claim by 64 year old for Hospital’s failure to heed on an MRI scan a coincidental finding of cerebral aneurysm which subsequently ruptured causing brain injury. Settled for £800,000 plus periodical payments.
B v The Home Office – claim for negligent supervision of suicidal inmate who suffered hypoxic brain injury.
M v NW Strategic Health Authority - Cerebral palsy claim from 1986 arising from breech delivery, alleging that fetal head rotated 180’ on body upon delivery.Sample current cases
- Wrongful birth claim resulting from failure to investigate family history of muscular dystrophy
- Brain injury resulting from failure to give vitamin K to newborn
- Claims resulting from delay in diagnosis and management of cauda equina syndrome.
- Failure to diagnose maternal post-partum cardiac dissection leading to cardiac arrest.
- Cerebral palsy claim resulting from cord occlusion on application of forceps.
- Failure to diagnose bipolar affective disorder over 10 years of psychiatric treatment
- Erb’s palsy claim from birth mismanagement causing profound upper limb disability
- Claims resulting from delayed diagnosis and mismanagement of developmental dysplasia of the hip
Sally undertakes essentially two forms of personal injury work: claims involving grave injuries resulting from road traffic or other accidents, and claims involving abuse or assault. The latter will frequently involve issues of vicarious or institutional liability on the part of hospital, prison or local authority.Representative concluded cases
R v H 2011: RTA claim causing paraplegia in young woman; complex issue of capacity. Settled 2011 for £2m plus periodical payments of £65,000pa
T v T 2009: Road Traffic Accident in 1984 causing profound orthopaedic and neurological injury. Injuries not stabilised until C reached adulthood when it could finally be quantified and settled.
Re H – CICA claim resulting from H being shaken as a baby, causing cerebral palsy.
Zolla v Goad 2011, Winchester County Court: civil claim against Defendant in person for historic sex abuse
Various Claimants v North Yorkshire Health Authority – Claim on behalf of approximately 20 women subjected to rape or sexual assault by consultant psychiatrist over many years.
P & D v A Hospital – Claim on behalf of 2 women subjected to rape or sexual assault by psychotherapist in private hospital.
F v Bolton MBC 2010: claim on behalf of several siblings against Local Authority for failure to heed severe maternal neglect and abuse causing psychiatric injury.
R v Nottinghamshire CC – claim on behalf of family of child taken into care on basis of false allegation of abuse by other family members.
Various Claimants v The Home Office – group action resulting from allegations of brutality and assault in Young Offender Institution
F v The Home Office – claim by inmate against Home Office in respect of rape by prison officer –settled favourably during the trial.
B v Conwy & Denbighshire NHS Trust – claim against NHS Trust arising from rape of psychiatric patient by nurseSample current cases
M: RTA involving relatively minor impact collision but major psychiatric injury
S: Negligence allegation against local authority for delay in taking Claimant into care and provision of care thereafter; longterm ramifications in relation to Claimant’s ability in adulthood to care for children
Sally has extensive experience of representation at inquests involving complex healthcare issues in the community or in prison.
Sample concluded cases
B – death of patient following mismanagement of drug overdose
RW – neonatal death in midwifery led unit; evidence of systemic failings in the unit raising Article 2 issues.
FB – double fatality on railway of 2 psychiatric patients
D – death of prison inmate with long history of tuberculosis
P – death of prison inmate from overdose of medication prescribed in prison
W – death of resident in bail hostel from drug overdose
Sample current cases
T – death of learning disabled man following fall at home – issues involving management of cervical fracture and of known swallowing risk.
K – death involving community management of patient with diabetes and known history of difficulty maintaining health in the community
Sally has an interest in the wider issues of medical law, particularly in best interests work, healthcare provision and the interplay between the Human Rights Act and medical treatment. This work is reflected particularly in her work in inquests, prison healthcare and psychiatric illness litigation described above.Further, as co-author of Butterworths New Law Guide to the Mental Capacity Act 2005 (2008) she undertakes best interest litigation in the Court of Protection She has also advised on public law remedies in relation to healthcare provision. She served for several years until recently on an NHS Research Ethics Committee.
Sample concluded cases
FN – Court of Protection application re termination of pregnancy in woman with profound learning disabilty
SJ – Nearest relative application under MHA
Sally is instructed on behalf of the GMC in fitness to practise and registration cases against doctors. Cases include: a mismanaged obstetric delivery followed by job application dishonesty to hide the event, persistent failures alleged against a consultant anaesthetist, mismanagement of a urological procedure followed by dishonesty at inquest, sexual misconduct, self medication and addiction, the registration requirements for non EU nationals.
Sally Hatfield QC
E: Contact by email
T: 0161 829 2100
F: 0161 829 2101
Byrom Street Chambers
12 Byrom Street