Farrah Mauladad KC

Clinical Negligence

Farrah has undertaken extensive work in all areas of clinical negligence. This includes claims involving birth injuries resulting in cerebral palsy and other catastrophic consequences, general surgery, general medicine, physiotherapy, psychiatry, oncology (in particular, delayed diagnosis of breast cancer and negligent treatment of such cancers), osteopathy, ophthalmology, dentistry, reproductive medicine and orthopaedics. She has been involved in defending several consent cases, particularly in the field of cosmetic surgery (breast implants). She is regularly instructed by NHS Resolution, MDOs, private insurers and families. Farrah has considerable experience in court and ADR and some experience in the Court of Protection.

Selected Cases

• ANLX v Medway NHS Foundation Trust (2023) -Acted for the Defendant in the claim pleaded a £30m on a lump sum basis.
• ALB v The Midlands Partnership NHS Foundation Trust (2023) – Secured a £2m settlement for the Claimant prisoner for a delay in diagnosing Tuberculosis Meningitis.
• Turner v Sheffield Teaching Hospitals NHS Foundation Trust & Healthcare Safety Investigation Branch – Successfully resisted an application for specific disclosure against the Trust for copied of recordings of its midwives’ interviews with HSIB on the basis that they were not withing the power or control of the Trust.
• KJY v University College London Hospitals NHS Trust [2023] EWHC 2719 – Acted for the Defendant in a claim for a failure to suspect the Claimant’s congenital hip dysplasia on an x-ray. Brech of duty found determined in favour of the Claimant but on the basis of Bolam not Penney.
• Chapman -v (1) Macaulay & (2) Mid & South Essex NHS Foundation Trust  [2023] EWHC 1290 – Acted for Dr Macaulay, GP, in this case where the Claimant alleged that he had failed to advise her to go to hospital and the consequences of not going. The claim against Dr Macaulay was discontinued on day 4 of the trial in the High Court in February 2023 after Farrah’s cross- examination. Brech of duty was established against Southend.
• Mitchell v (1) Dr Tsang & Various Others (2023) – Acted for Dr Tsang, in this dental negligence case which resulted in the Claimant developing a brain abscess. The claim against Dr Tsang was discontinued two weeks before trial.
• AH v Somerset NHS Foundation Trust (2023)– Acted for the defendant in a Cerebral Palsy case which settled for a capitalised sum of about £12 million.
• ZA v Croydon Health Services NHS Trust (2023) – Acted for the defendant in a wrongful birth case which settled at £14 million.
• KP v (1) Sheffield Health and Social Care NHS Foundation Trust & (2) Sheffield Teaching Hospitals NHS Foundation Trust (2023) – Acting for the defendants in a claim where the management of the claimant’s mental health in the community and his placement following discharge from hospital to a care home is criticized. It is alleged that this caused the claimant to jump from a height sustaining serious life-threatening injuries.
• CS v Essex Partnership NHS Trust (2022) – Acted for the Defendant mental health trust in a claim where the Claimant, having been discharged from a mental health unit, jumped off a building sustaining serious injuries. The claim was discontinued on day 5 of the trial in the High Court in June 2022.
• CY v A Private Psychologist (2022) – Acted for a private psychologist in a claim brought by a patient who suffered from severe bipolar disorder, who after a consultation, jumped out of the window of the toilets.
• JH v (1) University Hospital Southampton NHS Foundation Trust & (2) Mr Brooke (2022) – Acted for the Second Defendant in this claim arising out of spinal surgery where breach of duty was admitted. The Claim was limited to damages caused by unnecessary surgery. The Claimant failed to recover damages for his longstanding and ongoing back condition.
• VFE v A Private Hospital (2022) – Acting for the owners of one of many private hospitals where the Claimant underwent surgery. In addition to a claim against the surgeon, a claim against the private hospital is brought on the grounds that it is: i) vicariously liable for the surgeon; and/or ii) owes the Claimant a non-delegable duty of care.
• LH v MOD & SSAFA (2021) – Acted for SSFA, a charity providing nursing personnel in a GP surgery on a military base, where it is alleged nurse failed to record the deceased’s smear test and/or negligently undertook a smear test outside the 3-year national screening programme.
• SS v University Hospitals Birmingham NHS Foundation Trust (2021) – Acting for the Defendant Trust in a claim alleging the negligent interpretation of a cytology slide.
• TF v Newcastle Upon Tyne NHS Foundation Trust (2021) –Settled the quantum only shoulder dystocia case, instructed by the Defendant.
• DK v Chelsea & Westminster Hospital NHS Foundation Trust (2021) – Currently instructed by the Defendant in the multi-million-pound claim brain damage case arising out of admittedly negligent treatment.
• AB v Chelsea & Westminster Hospital NHS Foundation Trust (2021) – Currently instructed by the Claimant, who suffered from Body Dysmorphic Disorder, in a case against a plastic surgeon for proceeding with cosmetic surgery without a psychiatric assessment.
• JR v Various General Practitioners (2021) – Settled a case on behalf of GP Defendants for a failure to monitor the Claimant who developed chronic kidney disease. Causation and quantum in issue.
• RB v Dr H (2021) – Defending a claim brought against a GP for allegedly negligently administering a steroid injection.
• CR v Dr A & Mr H (2021) – Acted for a physiotherapist who allegedly failure to refer the Claimant to the A & E department. Issues as to difference between urgent and emergency referrals in Cauda Equina cases.
• JF v North Cumbria University Hospitals NHS Trust (2021) – Settled a multi-million pound claim where the Claimant was rendered blind as a result of the Defendant’s negligence.
• SK v Barking & Havering NHS Trust (2021) – Acted for the Defendant Trust in a claim where it was alleged that the deceased care in A & E was negligent. Claim discontinued.
• SS v Mr S (2021) – Acted for the Defendant Anaesthetist where the Claimant alleged she had suffered an injury to her upper limb following a transfer during surgery. Claim discontinued.
• FS v A Fertility Clinic (2020) – Acted for the clinic in a mediation in a claim for a failure to achieve a live birth and consequential losses allegedly as a result of a flawed oocyte vitrification process.
• DS v King’s College Hospital NHS Trust (2020) – Acted for the Defendant in a delayed diagnosis of Cauda Equina Syndrome. Claim compromised following a settlement meeting.
• Marshall v Schembri [2020] EWCA Civ 358 – Acted for the Appellant on appeal (led by Alexander Antelme KC). The Judge’s findings at first instance were confined to the facts of the case. No new general principle of causation.
• Taylor v Chesterfield Royal Hospital NHS Foundation Trust [2019] EWHC 1048 (QB) – Claim for damages for shoulder dystocia arising from the allegedly negligent management of the Claimant’s birth 26 years ago. Claim dismissed.
• Marshall v Schembri [2019] EWHC 283 (QB) – Acted for the Defendant where the deceased died as a result of the admitted failure to refer her to hospital. On causation it was found Claimant had to prove no more than that his wife probably would have survived her pulmonary embolism had she been referred directly to hospital by the defendant GP when she presented with chest pain and breathlessness. He did not need to prove the precise mechanism by which her survival would have been achieved.
• SE v George Elliot Hospital NHS Trust [2018] – Acted for the Defendant Trust in a claim for the allegedly negligent reporting of a cytology slide. Claim dismissed.
• Rathore v Bedford Hospitals NHS Trust [2017] EWHC 863 (QB) – Acted for the Defendant Trust in a claim where the Claimant, who developed a Somatoform Disorder and Chronic Widespread Claim allegedly as a result of the Defendant’s admitted negligence, claimed over £3,000,000. She was awarded £68,000 and 35% of her costs.
• Smith v Barking, Havering & Redbridge NHS Trust [2017] EWHC 943 (QB) – Acted for the Defendant Trust in a claim where the Claimant alleged a failure to carry out colorectal investigations. Claim dismissed.
• Syson v South Tees Hospital NHS Foundation Trust [2017] – Acted for the Defendant Trust in a claim where the Claimant alleged there was a failure to diagnose attic retractions and/or cholesteatoma in the Claimant’s middle ear. Claim dismissed.
• Still v Maidstone & Tunbridge Wells NHS Trust [2017] – Acted for the Defendant Trust in a claim for the allegedly negligent post-operative care and discharge following colorectal surgery. Claim dismissed.
• Marshall (by her Litigation Friend Brian Marshall) v Hull & East Yorkshire Hospitals NHS Trust [2014] EWHC 4326 (QB)

News

• Crown Office Chambers welcomes three new pupils
• Farrah Mauladad KC represented North East Ambulance Services Trust in the Inquest into the death of Zion XXX

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Qualifications

• R G Lawson Prize for highest mark in Public International Law
• LLB, University of Manchester

Memberships

• Professional Negligence Bar Association
• Personal Injury Bar Association
• London Common Law and Commercial Bar Association