Helen Pagett

Clinical Negligence

Helen has an extensive clinical negligence practice and represents both Claimants and Defendants (NHS and individuals in private practice). Helen is happy to accept cases on a CFA.

Recent cases Helen has been involved in include:

Claimants

• NS (Minor) – advising and obtaining settlement for a family where a 5 year old boy was negligently discharged by a hospital when suffering a sickle cell crisis. The child sadly died 48 hours later.
• NB – advising and obtaining settlement in a case of missed Os Acromiale of the shoulder.
• JW – advising and obtaining settlement in a case where there was a delay in diagnosing the Deceased’s lung cancer.

Helen has several ongoing case including:

• incorrectly performed gynaecological surgery;
• failure to obtain informed consent before procedures; and
• inadequate district nursing care for pressure sores.

Defendants

Helen has an extensive Defendant practice. Recent cases she has been involved in include:

• SK (unreported) – Successfully striking out a case brought by a prisoner for alleged delay in diagnosing his COPD.
• SL – Claim arising out of a minor injury to the bile duct during a cholecystectomy. In this pre-QOCS matter, Helen represented the NHS Trust where the surgery was performed. Helen advised that this matter should be defended. Helen represented the Trust at various interlocutory matters. A week before trial the Claimant discontinued.
• Helen is currently instructed by the NHS in an obstetric case, where the costs of surrogacy are pursued by the Claimant.
• Helen is also currently instructed by the NHS in a multi-million pound cauda equina case.
• Drafting pleadings, attending interlocutory hearings, advising and attendance in conference in cases involving the following allegations:
  • Failure to diagnose/delay in diagnosing cancer: including cervical cancer, colon cancer, breast cancer and lung cancer
  • Mental health: failure to prevent suicide
  • Obstetric care: failing to induce/perform a c-section earlier, incorrectly performing a c-section, failing to manage an ectopic pregnancy correctly and failure to plan and manage placenta accreta
  • Nursing care: alleged failures in nursing care in respect of pressure sores
  • Orthopaedic cases: failing to manage nerve damage following hip surgery, failing to diagnose and/or treat fractures appropriately and incorrectly performed spinal surgery
  • Bariatric surgery: failing to consent a Claimant before a procedure and negligently performed surgery
  • Physiotherapy: failing to put in place appropriate care plans and carry out a sufficient risk assessment before commencing physiotherapy
  • Vascular surgery: failing to obtain informed consent and failure to manage post-surgery complications, including DVTs.
  • General surgery: failing to diagnose and treat sepsis sooner, failure to diagnose and treat a perforated bowel sooner, failure to follow surgeons advice post-surgery and failure to remove all of the appendix during an appendectomy
  • Plastic surgery: including failure to obtain informed consent, failure to perform biopsies prior to surgery and negligently performed surgery
  • Abuse: including failure to treat a patient who had suffered Satanic Ritual Abuse appropriately

Selected Cases

Articles

• The County Court as rubber stamp?
• Beyond the Headlines: A review of the decision in R(on the application) of (1) Dr Cathy Gardener and (2) Ms Fay Harris and possible consequences arsing from this

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News

• Beyond the Headlines: A review of the decision in R(on the application) of (1) Dr Cathy Gardener and (2) Ms Fay Harris and possible consequences arsing from this
• Helen Pagett has been appointed as a Deputy District Judge

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Qualifications

• BVC (Very Competent) Inner Temple Exhibition (2007-2008)
• GDL (Commendation) (2006-2007)
• Probationary Research Student (History of Medicine) University of Oxford Thomas Linacre Studentship (2005-2006)
• MA Philosophy (HPSM) (Distinction) (Dunelm) MA Wellcome Trust Studentship (2004-2005)
• BSc (Hons) Natural Sciences (1st Class) (Dunelm) (2001-2004)

Memberships

• PIBA