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Farrah Mauladad QC

Call 1999 • QC 2021

"An unflappable barrister who manages difficult clients, witnesses and opposing counsel exceptionally well."
(Legal 500, 2021)

Clinical Negligence

Farrah has undertaken extensive work in all areas of clinical negligence. This includes claims involving 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 a number of consent cases, particularly in the field of cosmetic surgery (breast implants). She is regularly instructed by NHS Resolution, MDOs, private insurers and families. The cases she is involved in are often valued far in excess of £1,000,000. Farrah has considerable experience in court and ADR.

Selected Cases

  • LH v MOD & SSAFA (2021) – Acting 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) – Currently instructed by the Defendant in a quantum only shoulder dystocia case.
  • 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) – Currently instructed 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.
  • OB v University College London Hospitals NHS Trust (2021) – Defending a claim for a failure to diagnose the Claimant’s congenital hip dysplasia. Issues as to the scope of the radiologist’s duty when reviewing imaging.
  • CR v Dr A & Mr H (2021) – Acting 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 – 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 QC). 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) 
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News


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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

Recommendations


“An unflappable barrister who manages difficult clients, witnesses and opposing counsel exceptionally well.”

Legal 500, 2021

“She has a very calm and collected demeanour which she uses to her advantage at hearings and in mediations.”; “Her attention to detail is impeccable. She’s also strong on her feet, really reassuring with clients and always well prepared.”

Chambers & Partners, 2021

“An excellent barrister who is very approachable.”

Chambers & Partners, 2020

“Very impressive in conference with clients and clearly experienced in this field.”

Chambers & Partners, 2018

“A strong advocate who knows her stuff.”

Chambers & Partners, 2018

“Excellent.”

Legal 500, 2017

‘Utilises facts to the client’s best advantage’

Legal 500, 2016

“She is a very calm and clear advocate who has excellent vision.”

Chambers & Partners, 2016

“She is extremely clever and well organised.”

Chambers & Partners, 2016

“She’s uber-organised, exceptionally efficient, and always has the facts at her fingertips. She’s really good with clients – they trust her implicitly.”

Chambers & Partners, 2015

“Simply a very polished barrister who gets good outcomes, often exceeding expectations.”

Legal 500, 2015

“Very capable and organised, and knows her facts inside out.”

Chambers & Partners, 2014


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