David Myhill

Clinical Negligence

David has a strong practice in the field of clinical negligence. In this work, and his work in the allied field of pharmaceutical and medical products, David is particularly applauded by clients for his ability to rapidly grasp and analyse complex medical and scientific principles and literature.

He undertakes work for the National Health Service, various medical defence organisations and medical insurers, as well as for claimants. His initial years in Chambers spent undertaking numerous personal injury trials have given him a wealth of trial experience as well as a familiarity with procedural matters relevant to clinical negligence claims, such as issues of limitation and costs. David has experience of acting at all stages of clinical negligence claims: from pre-action work (including representation at inquests) through to settling pleadings, advisory work, and acting at trial.

His expertise is reflected by the fact that he acted, in the Supreme Court, on behalf of the Forth Valley Health Board in the leading decision of McCulloch v Forth Valley Health Board [2023] UKSC 26 which considered the extent of the obligation on clinicians to advise in respect of ‘reasonable alternative treatments’ following the decision in Montogomery.

Selected Cases

Examples of David’s experience at court include:

• Acting, led by Una Doherty KC (Scottish Advocate) and with Ewen Campbell (Scottish Advocate) for the successful Defender in McCulloch v Forth Valley Health Board [2023] UKSC 26, the leading case on informed consent post-Montgomery.
• Acting on behalf of the NHS Trust at a complex interim payment application in Cripps (aka Snudden) v Norfolk and Norwich University Hospitals NHS Foundation Trust [2024] EWHC 615 (KB), which considered the principles applicable to a request by a claimant for an interim payment founded on a claim for the costs of a commercial surrogacy arrangement.
• Acting at trial for the successful NHS Trust in connection with a claim arising out of surgery to remove gallstones.
• Acting at trial for the successful NHS Trust in a claim arising out of allegedly negligent PUVA treatment.
• Acting at trial for an NHS Trust in a 3 day trial in relation to the proper management of a patient following a total knee replacement, including allegations of failure to diagnose deep infection. Claimant discontinued mid-trial, following cross-examination of his expert.
• Acting at trial in a secondary victim claim arising out of an out of hospital cardiac arrest.
• Acting at trial in relation to issues of consent arising out of management of a traumatic orthopaedic injury.
• Appearing at trial for the Defendant in relation to allegations of consent and surgical negligence in relation to spinal surgery.
• Acting at trial for the Defendant to a claim arising out of alleged mismanagement of a pulmonary embolism in a 33 year old man, resulting in his death. The case also involved difficult issues of quantification under the Fatal Accidents Act 1976.
• Acting for the successful NHS Trust in a 4 day trial (liability only) on the question of breach of duty in relation to the proper management of osteomyelitis of the tibia.
• Acting at trial on behalf of a GP who was alleged to have failed to diagnose ascending lymphangitis. The claim was dismissed following a 2 day trial.
• Acting for the successful NHS Trust in a 3 ½ day trial involving issues of breach of duty and causation (which turned on both lay and expert evidence) arising out of permanent incontinence allegedly caused by inadequate catheter care during labour.
• David’s experience also includes advisory work at all stages of a claim, as well as representing clients in mediations and Round Table Meetings and at interim hearings. He frequently represents clients both in the High Court and County Court in relation to interim matters, such as cost budgeting, disputes concerning the extent and timing of expert evidence required, and arguments regarding whether claims should be dealt with by way of a split trial.

Mediations and Round Table Meetings

David regularly represents clients in these forms of negotiation. He has particular skill at handling such forms of negotiation sensitively, particular where they arise out of death or serious injury, regardless of whether he is acting for or against the injured party. His recent experience includes:

• Acting on behalf of a Claimant who suffered a brain injury as a result of a dislodged endotracheal tube, led by Farrah Mauladad KC, which settled for a multi-million pound lump sum plus substantial periodical payment order.
• Acting on behalf of a Claimant who has suffered serious birth injuries, led by Caroline Harrison KC, which settled for a multi-million pound lump sum plus substantial periodical payment order.
• Acting on behalf of a Claimant in a highly unusual claim under the Fatal Accidents Act 1976 whereby an acrimonious dispute following death led to a need for different family members to be represented by different legal teams, and which involved a challenge in connection with whether the Claimant had lived with the Deceased for 2 years prior to death.
• Representing, at a Round Table Meeting, the dependents following a death caused by a failure to timeously diagnose partial anomalous pulmonary venous drainage.
• Representing various NHS Trusts at mediations and Round Table Meetings in claims in which liability and/or quantum was in issue. David frequently acts on his own against Leading Counsel. Recent examples include:
  • A claim pleaded at nearly £10 million arising out of alleged mismanagement of a spinal injury (Claimant represented by a silk and junior; David as sole counsel).
  • A hypoxic brain injury claim pleaded at in excess of £3 million (Claimant represented by a silk and junior; David as sole counsel).
  • Several claims arising out of shoulder dystocia pleaded at between £1 and £4 million, frequently involving Leading Counsel.
  • A number of claims under the Fatal Accidents Act 1976 involving complex issues in connection with loss of financial dependency, most frequently issues connected to inherited family businesses and complicated pension arrangements.
  • A case involving a below knee amputation pleaded at in excess of £1 million.
  • Sole counsel in claim arising out of the death of a high earner pleaded at in excess of £1 million and involving a complex pension loss claim.
  • A case arising out of allegedly negligent knee replacement surgery, pleaded at over £1 million.
  • Acting at mediation in relation to a claim arising out of allegedly delayed diagnosis of cauda equina syndrome pleaded at well over £2 million.
  • Acting in a number of claims pleaded at up to £500k arising out of pressure sore management.

• Representing an NHS Trust in a Round Table Meeting in a case in which the Trust was alleged to have failed to properly treat injuries sustained in a road traffic accident caused by a co-defendant, raising difficult questions concerning apportionment and a break in the chain of causation.

Advisory Work

David is regularly instructed to settle the pleadings, and to advise on issues of liability and, in particular, quantum. He has regular experience of producing Schedules and Counter- Schedules in claims involving complex future losses, in particular, extensive care and case management regimes, accommodation adaptations and loss of pension claims. His experience includes the following (a number of which are ongoing):

• Settling the Defence on behalf of an NHS Trust (led by Alexander Antelme KC) in a claim arising from alleged mismanagement of a wrist fracture, which was alleged to have ultimately caused the Claimant to develop depression, alcoholism and suffer a fall rendering him paraplegic. The allegation that the alleged negligence caused the paraplegia was abandoned following service of a detailed Defence.
• Advising General Practitioners in connection with several claims involving allegations of negligent management of patients with a diverse range of presentations.
• Acting on behalf of a Claimant who suffered serious injuries as a result of an epidural.
• Acting on behalf of an injured Claimant in relation to negligently performed dentistry.
• Advising an NHS Trust in respect of a complex claim for substantial damages (including provisional damages) arising out of negligently performed keyhole surgery.
• Acting on behalf of a Claimant in relation to a secondary victim claim arising out of mismanagement of labour resulting in his wife’s cardiac arrest and the stillbirth of their baby. The claim settled after proceedings were issued.
• Acting on behalf of a Claimant in relation to the negligent management of Crohn’s disease, resulting in extensive and unnecessary surgery. The claim settled following an exchange of offers.
• Acting on behalf of a Claimant in relation to the negligent management of her pregnancy leading to her son’s stillbirth and causing ongoing injuries as a result of failing to properly manage symphysis pubis dysfunction. The claim settled following an exchange of offers.
• Settling Defences on behalf of NHS Trusts in relation to allegations of negligence as diverse as: provision of advice as to mode of delivery; errors in closing a laparotomy; appropriateness of a “do not resuscitate” order and failure to invasively ventilate resulting in death; provision of unnecessary cardiac treatment; failure to properly treat a displaced gastric band; and errors made during a TVT procedure.
• Advising on quantum and settling Schedules and Counter-Schedules in cases involving issues such as loss of pension entitlements, loss of collateral benefits (e.g. company car), neurological rehabilitation, complex or unusual accommodation claims, complicated care regimes falling short of 24 hour care, complex issues relating to subtle hypoxic brain injuries, acceleration of underlying conditions and cases involving extensive pre-existing comorbidities.
• Settling pleadings and advised on matters relating to the Mental Health Act 1983, including a claim in which it is alleged that a patient was improperly detained/treated and one focussing upon the interaction between the MHA 1983 and the provision of treatment (without consent) at common law.

News

• Crown Office Chambers feature in three of The Lawyer’s Top 20 cases of 2025
• Members of Crown Office Chambers recognised as Market Leaders in Who’s Who Legal

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Articles

• Artificial Intelligence: a move towards EU legislation
• McCulloch: the meaning of “reasonable alternative treatment”

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Events

• Legal and practical considerations for vicarious liability and indemnity arrangements in private healthcare

Qualifications

• BA (Hons) (Cantab)
• Bar Vocational Course: Outstanding
• Lord Hardwicke Scholarship, Lincoln’s Inn
• Lord Denning Scholarship, Lincoln’s Inn

Publications & Seminars

David regularly gives talks and seminars. Recent topics have included:

• The law of informed consent after McCulloch.
• Practical issues arising under the Consumer Protection Act.
• The impact of the decisions in Wilkes and Gee v DePuy.
• Updates on limitation and procedural issues arising in multi-party claims and claims for contribution.
• Qualified One Way Costs Shifting: how the rules are working. The road to an effective Counter-Schedule.
• The law on consent after Montgomery: changes for Claimants and Defendants.

In addition, David is an Associate Editor of Emden’s Construction Law and edits chapters concerning Termination of contracts (Ch 16) and a Contractor’s obligations as to completion (Ch 9).

Memberships

• TECBAR
• LCLCBA
• PNBA