Margaret Bickford-Smith QC

Clinical Negligence

Margaret has more recently concentrated on claims of major birth defect, paraplegia and tetraplegia or major handicap through surgical error or diagnostic failure.

She has had a continuing interest in medical, mental health and ancillary social issues from the start of her career, having appeared in the Normansfield Inquiry (mental handicap hospital crisis), and served on a local authority social services committee.

She is a member of the Executive Committee of the Professional Negligence Bar Association (elected 2009).

Experience in major cases includes

• hip dysplasia (birth / congenital / developmental)
• Erbs Palsy and shoulder dystocia sustained at birth
• anaesthetic accident at surgery to fit elderly hospital patient resulting in tetraplegia
• meningitis resulting in brain damage with major impairment of locomotor function
• erroneous diagnosis of life-shortening illness
• GP diagnostic failures / delays
• delay in treatment of myocardial infarction, with psychological sequelae and personality change
• infant gastro-oesophageal reflux resulting in permanent digestive problems
• malignant testicular tumour with failure in follow-up (fatal)
• malpositioning of prosthesis on orthopaedic surgery to shoulder
• undiagnosed osteosarcoma in child, resulting in total loss of one lower limb
• cholecystectomy
• spinal surgery, decompression, syringomyelia
• gynaecological problems and surrogacy
• psychiatric problems including obsessional compulsive disorder, depression and anxiety including failures / errors in diagnosis.

She has dealt with a wide variety of special social issues most particularly claimants with special educational and behavioural problems, and also including accommodation in Gibraltar (arising out of a birth injury case), capacity and mental health.

Selected Cases

• Y v Z Hospital NHS Trust – Claim successfully settled for capitalised value of £7m (lump sum £2.3m). Child claimant, a victim of birth injury, suffers from dystonic athetoid cerebral palsy but with good cognition. Issues on liability: timings at delivery, CTG, mother unattended. Liability admitted early after contentious pleadings. Special issues on quantum: accommodation, education in mainstream schooling with requirement for additional educational assistance and tailored IT provision; also on availability of public services & funding, & periodical payments. Further points on financial advice, mode of disposal, and appropriate orders.
• K v Nottingham University Hospitals Trust – Claimant a child victim of birth injury, with dystonic athetoid cerebral palsy. Liability compromised shortly pre-trial. Issues on care, residence, accommodation and education.
• Parkinson v St James Hospital Trust – CA: 2002 QB 266, clinical negligence leading case: damages recoverable by mother of disabled child born after negligent sterilization / genetic advice.
• Skitt v Khan & Anr – (CA: (1997) 8 Med LR, clinical negligence: limitation.

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Articles

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• Margaret Bickford Smith QC has contributed to the May 2016 edition of The Resolver
• Margaret Bickford-Smith QC’s inaugural CIArb Oxford Lecture published

News

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• Margaret Bickford-Smith QC to deliver inaugural CIArb Oxford Lecture
• AB (a child) v Nottingham University Hospital NHS Trust

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Qualifications

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• MA (Oxon)
• Recorder (Civil and Criminal cases)
• Queens Counsel 2003

Memberships

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• Bencher of the Inner Temple
• CIArb Mediation Panel
• Vice-Chair, Inns Conduct Committee 2009

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