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David Myhill

Call 2006

"He is an absolute super-brain, but he is also extremely approachable and friendly."
(Chambers & Partners 2017)

Clinical Negligence

David has a strong practice in the field of clinical negligence. 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.

In addition, David regularly appears at inquests at which the care provided to an individual is in question. He is experienced in appearing before coroners, and with issues pertinent to the field of clinical negligence, such as the law surrounding conclusions of neglect, and as to the scope of the inquest (ie. whether it is an Article 2 inquest). As with the rest of his practice, David has experience of representing both care providers as well as families at inquests.

Selected Cases

  • Acting at trial for the successful NHS Trust in a claim arising out of allegedly negligent PUVA treatment.
  • Appearing at trial for the Defendant in relation to allegations of consent and surgical negligence in relation to spinal surgery.
  • 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 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.
  • 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 Part 36 offers.
  • Acting on behalf of a number of claimants in relation to negligent misdiagnosis and management of appendicitis (ongoing).
  • Acting in both the High Court and County Courts for various NHS Trusts in interim applications, ranging from orders to serve expert evidence to applications regarding split trials and in relation to costs (in particular, under the new costs regime following the Jackson reforms).
  • Advising and attending Round Table Meetings in respect of several claims over 2016 involving serious or fatal injury (including amputations, serious limb injuries including chronic septic arthritis, and cauda equina syndrome), both on behalf of NHS Trusts and Claimants, which settled for substantial six figure sums.
  • Advising an NHS Trust in respect of a complex claim for substantial damages (including provisional damages) arising out of negligently performed keyhole surgery.
  • Advising on quantum and settling schedules in cases involving various injuries caused by: prolonged healing or non-union of fractures; psychiatric shock caused by witnessing others suffer or die; failure to prescribe appropriate medication or treatment.
  • Representing an NHS Trust at a complex Round Table Meeting in a case in which liability was admitted but which raised complex questions of provisional damages and periodical payments, following hysteroscopy and biopsy of endometrial polyp resulting in several (initially undiagnosed) perforations of the small bowel.
  • 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.
  • Settled the pleadings and advised a client who developed septicaemia and spent a period of time in intensive care after an out-of-hours GP failed to diagnose the severity of his condition. Settled following an exchange of Part 36 offers.
  • Settling the defences on behalf of NHS Trusts in relation to allegations of negligence as diverse as: provision of advice as to mode of delivery; the management of delivery resulting in death of newborn; 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.
  • 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.
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Qualifications


  • Lord Hardwicke Scholarship, Lincoln’s Inn
  • Lord Denning Scholarship, Lincoln’s Inn
  • BVC (Outstanding)
  • BA (Hons) (Cantab)

Memberships


  • LCLCBA
  • PNBA
  • TECBAR

Recommendations


“He has a brilliant, logical mind and pays great attention to detail.”

Chambers & Partners UK Bar 2018

“Applauded by commentators for his extensive medical knowledge, which he applies to cases on behalf of both claimants and defence organisations. He is also very experienced in appearing at inquests.”

Chambers & Partners 2017

“He is an absolute super-brain, but he is also extremely approachable and friendly.”

Chambers & Partners 2017

“His attention to detail is great. He is articulate and puts the minds of nervous clients at ease”.

Chambers & Partners 2016

“He has had a large number of wins and is a skilled advocate at trial”.

Chambers & Partners 2016

“Very approachable.”

Legal 500 2016

“Firm, intelligent and good to negotiate with. Mature and balanced, he is a lawyer who knows both his medicine and the law.”

Chambers & Partners 2015


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