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Fiona Paterson

CALLED TO THE BAR 2003

Junior Counsel


Clinical Negligence & Healthcare Profile

Background

 

2009             Appointed to Attorney General's "C" Panel

2003             Called to the Bar
1994-2003    Solicitor practising in Scotland
1990-1991    Diploma in Legal Practice Edinburgh University.
1987-1990    Bachelor of Laws, Edinburgh University

 

Email: fpaterson@3serjeantsinn.com



General Information

 


Directory Comments

 


Nature of Practice

 

Before coming to the Bar in 2003 Fiona practised for nine years as a solicitor in Scotland specialising in clinical negligence and personal injury claims. She also undertook a considerable amount of professional disciplinary work, representing doctors and dentists before the GMC, GDC and HPC.

 

Clinical negligence
Wide experience including psychiatry, obstetrics, gynaecology, peri-operative and post-operative care, anaesthesia, accident and emergency medicine, palliative medicine and failure to obtain consent to surgical procedures

 

Professional discipline
Appears on behalf of doctors and nurses before the Interim Orders Committee and Fitness to Practise Panels of the GMC and the Nursing and Midwifery Council. Recent experience includes representing a dentist before the GDC, which resulted in the first appeal by the Council for Healthcare Regulatory Excellence of a Scottish healthcare professional to the Court of Session (Scots equivalent of the High Court) on the grounds that the GDC’s sanction against the dentist had been too lenient.

 

Group litigation
Experience includes presently acting as second junior for the MoD in the Post Traumatic Stress Disorder group litigation, brought by ex-servicemen alleging that the Army Medical Corps failed to diagnose and treat their PTSD.

 

Inquests
Fiona has acted in inquests covering a wide variety of issues including deaths in custody, suicides and failures in medical care. Recent experience includes representing the family of a young woman who died of methadone toxicity (while in custody) at a four week inquest, which culminated in a verdict highly critical of the care the deceased had received. Fiona advises families in relation to judicial review proceedings following inquests.

 

Mediation
Fiona is a CEDR accredited mediator who has mediated a variety of disputes both as a lead and assistant mediator, including multi party commercial disputes, clinical negligence, personal injury and contractual disputes. She also contributed to CEDR’s response to the Chief Medical Officer’s Report Making Amends.

 

Other work

 

Product liability
Fiona has advised and appeared in product liability claims. In particular, she has acted in group litigations against the manufacturers of breast implants and in the ongoing Fetal Anti Convulsant group litigation. Multiple Claimants v Sanifo- Synthelabo Ltd & Anr [2007] EWHC 1860 (QB).



Specialist Information

 


Reported and other cases of Interest

 

R (on the application of P) v HM CORONER FOR THE DISTRICT OF AVON [2009] EWCA Civ 1367

 

Multiple Claimants v Sanifo-Synthelabo Ltd & Anr [2007] EWHC 1860 (QB)



Clients

 


Publications

 

Contributing author to: Medical Treatment:Decisions and the Law, The Medical Capacity Act in Action Second Edition, Edited by Christopher Johnston.  Published by Bloomsbury Professional, December 2009

August 2006 onwards – contributing editor to APIL’s ‘Personal Injury Law, Practice and Precedents and Personal Injury Manual’
Edited chapter entitled “Accountability” in ‘Medical Ethics: A Case Based Approach’ by Hendry, Schwartz and Preece, Saunders (2002)
Instructed by the GMC’s solicitors, Field Fisher Waterhouse to advise on Scots Law implications for GMC’s booklet, ‘Research; The Role and Responsibilities of Doctors’



Lectures and Seminars

 
Fiona has recently provided lectures to solicitors' firms on developments in regulatory law and the law on limitation, as well as the Fatal Accident Act 1996.

Related Professional Activities

 

Member of:

AvMA
Professional Negligence Bar Association
Association of Personal Injury Lawyers
Justice



Other Information