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Michael Horne

CALLED TO THE BAR 1992

Junior Counsel


Clinical Negligence & Healthcare Profile

Background

 
1977-1986 Royal Grammar School, Newcastle-Upon-Tyne
1988-1991 Trinity Hall, Cambridge University [MA (Law) IIi]

Email: mhorne@3serjeantsinn.com


General Information

 


Directory Comments

 

Michael is recommended in clinical negligence by the Legal 500 and by Chambers & Partners, which also recommends him in professional discipline:

 

'Michael Horne is described as "superb on the dental side." "Thorough, well-prepared and approachable," he gets results.'.... Chambers and Partners 2011 

 

'Michael Horne works on a range of claims, but has a particular specialism in dental negligence. Horne's clients say he is just terrific, and are impressed with his thorough approach.'.... Chambers and Partners 2011

 

Michael Horne, “an extremely calm hard worker with an eagle eye for the salient points.” He elicited particular commendation for producing some "fantastic work on quantum."  Chambers and Partners 2010


Michael Horne is "an impressive performer on his feet as well as in written submissions." "Immensely resourceful" when it comes to medical matters generally, he is something of an expert on the dental side. Chambers and Partners 2010

 

"...'affable' and 'meticulous'..." Legal 500 2008

 

'Michael Horne has extensive experience of representing doctors in front of the GMC and is a “very thorough advocate who doesn’t miss anything.” Observers note that he “always works very hard in his clients’ best interests.”' Chambers & Partners 2009

 

'...“pragmatic, down-to-earth manner, and strong advice and guidance.”' Chambers & Partners 2009



Nature of Practice

 
Clinical Negligence  Michael has considerable experience in all aspects of clinical negligence work, both on his own, and as junior counsel in high value claims. He acts for both claimants and defendants in roughly equal proportions.

Michael`s trial experience includes:

Gynaecology  (failed laparoscopic sterilisation; uterine perforation during termination; development of Aschermann`s syndrome after ERPC)

General Practice  (delayed diagnosis of bowel cancer; delayed referral for appendicitis, delayed referral with pulmonary embolus);

Obstetrics  (Erb`s palsy; brain injury at birth)

Spinal Surgery  (inadequate performance of discectomy; insufficient indication for performance of spinal fusion)

General Surgery  (inadequate treatment of inguinal hernia; inadequate treatment of umbilical hernia)

Plastic Surgery  (failed removal of tatoo)

Accident and Emergency  (chemical burn during cardiac resuscitation)

General Medicine  (inadequate treatment of pulmonary embolus).

Dental Negligence  Over a number of years, Michael has developed a particular expertise in representing dentists defending civil claims. His trial experience includes claims involving inadequate crowns, inadequate bridgework, periodontal disease, tempero-mandibular joint dysfunction and orthodontics.

Professional Conduct and Performance  For a number of years Michael has represented doctors and dentists before the various committees of the General Medical Council and General Dental Councils. In particular, he has appeared before the Interim Orders Committee, the Assessment Referral Committee, the Committee on Professional Performance, the Health Committee and the Professional Conduct Committee at the General Medical Council. He has represented dentists before the Health Committee and Professional Conduct Committee at the General Dental Council.
In addition to the General Medical and Dental Councils, Michael has also appeared before the National Health Service Tribunal and on appeal before the Specialist Training Authority.

Ethical Work  Michael advises and represents Trusts seeking declaratory relief in relation to treatment decisions. His experience relates primarily to the assessment of capacity and best interests in relation to adults.

Coroner’s Courts  Michael has appeared in very many Coroners’ Inquests, acting for NHS Trust and Medical Defence Organisations but also families. He regularly acts in cases where unlawful killing and neglect have been potential verdicts. Examples of recent Inquests include deaths due to opiate detoxification, diabetic ketoacidosis, milk allergy and cardio-respiratory arrest on paediatric ward.
Inquiry Work  Michael has some experience of Inquiry work, having in an internal University Inquiry into medical research misconduct.

Other Medical / Dental Work  In addition to the above, Michael has been instructed in judicial review proceedings in the dental field.

Court of Appeal  He has appeared in the Court of Appeal on limitation, breach of duty, causation and procedural issues.



Specialist Information

 


Reported and other cases of Interest

 
Smith v Ealing, Hammersmith and Hounslow Health Authority    [1997] 8 Med LR 290 (medical examinations; psychiatric harm; stay of proceedings)

Rhodes v West Surrey and North East Hampshire Health Authority   [1998] Lloyd’s Rep Med 246 (duties of experts).

Smith v Leicestershire Health Authority    [1998] Lloyd’s Rep Med 77 (limitation; constructive knowledge; objective test).

Glicksman v Redbridge Healthcare NHS Trust   (2002) 63 BMLR 109 (breach of duty; causation; duty to give reasons).

B v An NHS Trust    [2002] 2 All ER 449 (assessment of capacity in adult patient; withdrawal of treatment).



Clients

 


Publications

 


Lectures and Seminars

 


Related Professional Activities

 


Other Information