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Ranald Davidson

CALLED TO THE BAR 1996

Junior Counsel


Clinical Negligence & Healthcare Profile

Background

 

1986 - 1991 University of Edinburgh Medical School, MB ChB

1991 - 1992 Junior House Officer (six months surgery and six months medicine)
1992 - 1995 King’s College London - LLB (Hons) 2.1

1995 - 1996 Inns of Court School of Law - Highly Competent

1996 - 1997 Pupillage at 3 Serjeants' Inn Chambers

1997 -          Tenant at 3 Serjeants' Inn Chambers

1999 - 2008 Contributing Editor Lloyd’s Medical Law Reports

2009 -          Consultant Editor Medical Law Reports

Email: rdavidson@3serjeantsinn.com



General Information

 


Directory Comments

 

Ranald is recommended in clinical negligence by the Legal 500 and Chambers & Partners:

 

'Ranald Davidson puts his thorough medical knowledge to good use, often defending doctors against negligence claims. "Indefatigible in the pursuit of the client's interest, he strains every sinew and always displays fine judgement." .... Chambers and Partners 2011

 

"...'clever', 'thoughtful' and 'level headed'..." Legal 500 2010

 

Ranald Davidson is "approachable and able"  Davidson is noted as "an academic barrister with excellent client skills, who is capable of providing extremely practical advice." Chambers and Partners 2010

 

'Former doctor Ranald Davidson is another with a strong medical background. “Great on quantum,” he enjoys a strong reputation...' Chambers & Partners 2009

 

"...considered an excellent junior for GMC Interim Order panel work and interlocutory hearings..." Legal 500 2007-8



Nature of Practice

 

Clinical Negligence  Since becoming a tenant at 3 Serjeant’s Inn Ranald has had conduct of many clinical negligence trials for claimants and defendants in both the High Court and County Court. He has advised on matters of appeal and appeared before the Court of Appeal on permission to appeal and full appeal hearings.


 In 2009 and early 2010 he fought trials which considered the failure of a GP to diagnose peripheral vascular disease, the insertion of a total knee replacement, the performance of abdominal surgery and the consent to podiatric surgery.


He is also experienced in preliminary Limitation Act hearings, Fatal Accident Act and Law Reform (Miscellaneous Provisions) Act hearings and in the conduct of split trials (liability/ quantum).


As part of the preparation for hearings Ranald regularly advises in conference and in writing. Increasingly he is involved in round table settlement meetings and in the consideration of structured settlement discussions.


He has appeared a junior counsel in the High Court and Court of Appeal and worked with a number of leading counsel from within and outwith chambers.


Coroner’s Inquests  Having studied forensic pathology at medical school and written a dissertation on the role of Coroners whilst at law school Ranald has been able to utilise his clinical and legal interests at inquest hearings. He has represented families, healthcare trusts and individual healthcare professionals at jury and non jury inquests as well as pre-inquest hearings.


Ranald has experience in advising on the preparation for inquests and on the applicability of Article 2 of the Human Rights Act to the coroner’s inquiry. He has advised on the judicial review of coroner’s verdicts.
In 2009 Ranald was involved in inquests relating to deaths of individuals as a result of suicide, failed anaesthetic intubation, aspiration of gastric contents and post –operative multi-organ failure.


Disciplinary  Ranald has advised and represented doctors appearing before the General Medical Council (Interim Orders Panel, Fitness to Practise Panel, Registration Appeals Panel and Investigation Committee). These hearings have included cases of misconduct, performance and health on issues ranging from assisted suicide to drug and alcohol dependency to the management of patients on psychiatric intensive care units. He has recently represented the doctor at the centre of the Baby P inquiry at an interim hearing.


Ranald has also assisted dentists before the Interim Orders Committee and Professional Conduct Committee of the General Dental Council. These cases have considered matters of dishonesty, supervised neglect of patient care, failure to diagnose periodontal disease and failed dental implants.
Ranald has acted on behalf of doctors and dentists appearing before their Primary Care Trust and the family health services appeal authority in cases brought pursuant to the Performers List Regulations in both England and Wales.


Injunctions and Committals  Ranald has advised and represented individuals, private organisations and NHS Trusts in ex parte and inter partes injunction and committal proceedings under the Protection from Harassment Act both in the High Court and County Court. Such hearings regularly involve issues of patient confidentiality and the mental capacity of the defendant.


Medical Ethics  Ranald has advised on a number of medical ethical matters including the importation of body parts into the United Kingdom for teaching purposes and aspects of confidentiality pertaining to teaching videos. He has advised on the use of emergency lighting on private vehicles used by medical personnel.


Mental Health Law  In addition to representing patients at Mental Health Review Tribunals and acting on behalf of Local Authorities in applications under the Mental Health Act Ranald has advised on and argued issues of mental health law as well as mental competence and capacity in applications made pursuant to the Protection from Harassment Act.


Several of the inquests in which Ranald has been involved have also included consideration of the provisions of the Mental Health Act and the rights of patients detained under that Act. As a Consultant Editor for the Medical Law Reports Ranald regularly reviews and produces commentaries on new cases in which mental health law and medical ethical issues have arisen.


Personal Injury  Ranald has represented both Claimants and Defendants in County Court personal injury trials across England and Wales. He has advised on, and drafted proceedings in, such claims and attended interlocutory hearings and applications for both parties.


Other  Ranald has prepared and presented seminars to solicitors firms and assisted parties through the Bar Pro Bono Unit.



Specialist Information

 


Reported and other cases of Interest

 

A v Powys Local Health Board [2007] EWHC 2996 (QBD) - Assessment of damages in cerebral palsy claim.

 

Faithful v. Wiltshire HA  [2000] MLC 00181 (QBD) - Obstetric negligence claim.

GMC cases have included disciplinary hearings of doctors involved in the private provision of separate measles, mumps and rubella vaccinations and the restoration of practitioners convicted of indecent assault.

Inquests of interest have involved inquiries into the death of an obstetric patient after failed anaesthetic intubation (Amersham Coroner’s Court – March 2009) and death of patient from aspiration secondary to undiagnosed gastric volvulus (Great Yarmouth Coroner’s Court – November 2009).


Applications pursuant to the Protection from Harassment Act 1997 have resulted in the committal to prison of an individual involved in the extortion of money from patients staying in a Mental Health Trust hostel. Injunctions have also been sought and obtained against the former employee of a City bank (unsolicited and threatening e-mails) and against former patients (verbal and physical intimidation of hospital staff and private practitioners).


Applications pursuant to the Protection from Harassment Act 1997 have resulted in the committal to prison of an individual involved in the extortion of money from patients staying in a Mental Health Trust hostel. Injunctions have also been obtained against a former employee of a city bank (unsolicited and threatening e-mails) and against former patients (verbal and physical intimidation of hospital staff and private practitioners).



Clients

 


Publications

 


Lectures and Seminars

 


Related Professional Activities

 

Memberships

Association of Disciplinary and Regulatory Lawyers

Professional Negligence Bar Association

London Common Law and Commercial Bar Association



Other Information