Clinical Negligence
Gemma has extensive experience of clinical negligence work for Claimants and Defendants in a wide range of fields including claims involving obstetrics, orthopaedics, oncology, gynaecology, paediatrics, neurology, urology, and general surgery.
She is frequently instructed to attend joint settlement meetings on negligent provision of treatment; catastrophic brain injuries caused at birth; failure to diagnose cancer and the negligent execution of cosmetic and gastric surgery; death resulting from delayed cancer diagnosis, loss of sight cases, wrongful birth, suicide attempts and other negligence.
She also advises on the issues that commonly arise in disease claims, including causation and evidence including technical/scientific expert evidence, parties, limitation, and apportionment. She regularly advises the NHSR on tactical, quantum and liability issues.
Examples of recent work:
- JK v Royal United Hospitals Bath NHS Foundation Trust (2021) instructed in this High Court case to act for the Defendant where the Claimant’s baby died shortly after birth as a result of obstetric negligence. A claim was brought by the father of the child on the basis that he has suffered personal injuries arising from the psychiatric shock. The father is a well-known international actor, who alleges he lost the chance of significant earnings in Hollywood/blockbuster films on account of his injuries. The claim was dismissed following a successful trial.
- Uriely v Royal Free NHS Hospital Foundation Trust (2021) instructed to defend a claim by the parents of a deceased child, who died aged 9 years old after suffering a fatal asthma attack. Listed for trial autumn 2021.
- Scott v London Centre of Aesthetics Surgery (2021) Appeared in the High Court for a plastic surgeon accused of malpractice in breast augmentation and assault. Claim successfully settled.
- Katy Richards v Cornwall Hospital Trust (2021) Instructed to represent the Defendant NHS Trust in this case where it is alleged that the Claimant’s daughter died because of neglect by the Hospital. Claim is ongoing.
- LR v GC Instructed to represent the Defendant, a renowned Oncologist, who is accused of failing to identify breast cancer when the Claimant reported to him that she had identified a lump in her breast. The Claimant alleges that she was wrongly reassured and later went on to develop aggressive breast cancer, which is likely to be fatal. Claim is ongoing and listed for trial 2022.
- S v Basildon and Thurrock Hospitals NHS Trust (2020) acted as junior for the Defendant in this alleged secondary victim claim. The Claimant’s wife died from sepsis in the early stages of pregnancy and an inquest found the Defendant had missed several opportunities to save her life. The case is ongoing.
- Omoroghomwan v North Middlesex University Hospital Trust (2019) instructed to represent the estate of the Claimant, who was overlooked in an A&E cubicle and found dead with rigor mortis 4 hours after suffering a heart attack. Case successfully settled.
- ML v Grimsby Maternity Trust (2019) instructed on behalf of the Claimant whose baby was stillborn following negligent care at the Defendant hospital. Case successfully settled.
- RM v South Warwickshire NHS Foundation Trust (2019) Advised the NHSR in respect of the alleged failure to diagnose and treat a patient who left A&E and committed suicide. Case successfully settled.
- Bonner Williams v East Sussex Health Care NHS Trust (2019) Represented a Claimant who had suffered a twisted testicle and alleged the Hospital failed to diagnose and treat his condition, leading to gangrene and the loss of a testicle and reduced fertility and erectile dysfunction. Case successfully settled.
Selected Cases
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- Gemma Witherington acting for the claimants concerning sexual assault claims against a fellow pupil, whilst studying at the Royal Welsh College of Music & Drama
- E-Scooters to be legalised for private use on public roads
Articles
- E-Scooters to be legalised for private use on public roads
- Omissions during medical assessments do not lead to fundamental dishonesty
Qualifications
- BA (Hons)
- PgdDip
- BVC: Very competent
- Inner Temple Exhibition Award 2007-2008
- Streuben Benefactor Award 2007- 2008
Memberships
- The Honourable Society of Inner Temple
- Personal Injury Bar Association
- Association of Personal Injury Lawyers
Recommendations
“Gemma is very thorough in her approach and very empathetic to clients.”
Legal 500, 2022
”A thorough and balanced barrister who maintains a calm presence and ensures all angles are thoroughly explored.”
“Her drafting style is clear and persuasive. She is very personable and easy to work with. She is excellent at responding quickly to enquiries. She has a good rapport with clients and is not afraid to take on difficult cases.”
“She has the knowledge and experience of breaking down complex legal and factual issues.”
“Her attention to detail is exceptional.”
“She is a rising star and a real fighter.”
“She is a real fighter and an astute thinker”.
“Very good at giving direct, sensible and pragmatic advice”.
“She is a very determined advocate and really fights her client’s corner”.
