Robert Francis QC is top-ranked in clinical negligence by the Legal 500 and Chambers & Partners. He is also recommended by Chambers & Partners for professional discipline.

Robert Francis QC benefits from tremendous experience of medical law. He is praised for his "gentle touch in the courtroom" and his "measured and dependable approach to complex cases." Chambers and Partners 2010

Robert Francis QC is 'one of the most high-profile names in the sector. "A silky-smooth and highly effective advocate," he “brings experience, savvy, and an ability to think round corners” to each case he handles.' Chambers and Partners 2010

Robert Francis QC is "outstanding in his grasp of the law"  Legal 500 2009

Clinical Negligence  He undertakes clinical negligence actions on behalf of claimants (publicly or privately funded or on conditional fee arrangements) and defendants, including NHS bodies, private healthcare providers, all the medical defence organisations, and insurers. He is frequently instructed both at first instance and on appeal in high value claims and those involving complex medical and legal issues.

Criminal cases  He is instructed in criminal cases, particularly those involving medically or professionally related issues.

Medical Ethics  He is instructed in cases involving difficult or controversial ethical dilemmas and problems in relation to treatment decisions for patients unable to make their own decisions, withdrawal or withholding of life prolonging care, socially controversial treatment such as sterilisation of mental patients, treatment of patients refusing consent to treatment etc. He has appeared in many of the leading cases in this field in the Court of Appeal and House of Lords.

Medical employment issues  He receives instructions for professional staff and for employers in internal disciplinary procedures, including those held under HC (90)9 and associated court proceedings and appeals. He has also acted as chairman of NHS internal disciplinary inquiries under HC (90)9.

Mental Health Law  Has extensive experience in dealing with cases involving mental patients and their treatment both under the terms of the Mental Health Act and at common law, in judicial review proceedings, applications for declaratory relief, and inquiries. Has chaired the inquiry into the treatment of Michael Stone.

Professional discipline and regulations  He appears on behalf of practitioners before the professional conduct committees regulatory bodies such as the General Medical Council, the General Dental Council and on appeals from them to the Judicial Committee of the Privy Council or the High Court. He has sat as a legal assessor to a professional disciplinary committees of the General Optical Council and the Chartered Society of Physiotherapists.

Public inquiries  He is currently acting as chairman of a high profile inquiry the care and treatment of a psychiatric patient convicted of homicide [Michael Stone]. He appeared at the Bristol Royal Infirmary Inquiry and the Royal Liverpool Children’s Inquiry and the Inquiry to investigate how the NHS handled allegations about the performance and conduct of Richard Neale.

Public law  He undertakes applications for judicial review in relation to all areas of his practice.

D v East Berkshire Community NHS Trust CA   [2003] 4 All ER 796; [2003] Lloyds Rep Med 552 (Duty of care in diagnosis of child abuse)

AD v East Kent NHS Trust QB   [2002] Lloyds Rep Med 424; CA [2003] 3 All ER 1167 (Unwanted birth to mentally ill mother)

Burke v Leeds Health Authority  [2001] EWCA CIV 51 (unreported 29/1/01) (causation)

Brown v Lewisham & North Southwark HA   [1999] Lloyds Rep Med 110 (CA) (causation)

Howard v Wessex RHA   (1994) 45 Med LR 57 (QB) (proof of negligence)

Gascoine v Haringey Health Authority   (1992) 3 Med LR 291 (want of prosecution)

King v Weston Howell   [1989] 1 WLR 579 (CA) (negligence and costs)

Roberts v Johnstone   [1989] 1 QB 878 (CA) (damages for costs of accommodation)

Medical treatment  

Re L  (a child) [2005] 1 FLR 491 (withholding life prolonging treatment from child against wishes of parent).

W Healthcare NHS Trust v KH, H, PH  [2004] EWCA Civ 1324 (withholding artificial nutrition from non-PVS patient)

R (Burke) v General Medical Council  [2004] EWHC 18 (Fam/Admin) (advance directives, life prolonging treatment)

Leeds Teaching Hospital v A & Others   Family Division 4/11/12 (IVF error)

A Health Care Worker v Associated Newspapers   [2002] EWCA Civ 195 (confidentiality of treatment information – freedom of press)

B v A NHS Trust   (Family Division, 22/3/02) (Refusal of consent to artificial ventilation)

In re A [Mental patient: sterilisation  [2000] 1 FCR 193

In Re MB (Caesarean Section)   (1997) 8 Med LR 217 (Non-consensual Caesarean Section)

In Re: T   (a minor) (Wardship: medical treatment) [1997] 1 WLR 242

In re S   (Hospital Patient: Court’s Jurisdiction) [1995] Fam 26 (CA) (custody of incapacitated patient)

B v Croydon Health Authority   [1995] Fam 26 (CA) (force feeding)

Airedale NHS Trust v Bland   [1993] AC 789 (HL) (persistent vegetative state)

Re J   (A minor)(Child in care: medical treatment) [1993] Fam 15 (CA) (withdrawal of treatment)

Re A  [1992] 3 Med LR 303 (Fam) (definition of ‘death’)

F v. Berkshire Health Authority & Another (Mental Health Act Commission intervening)  [1990] AC1 (HL) (sterilisation of mentally handicapped adult)

Crime  

R v Derby Magistrates Court ex parte B   [1996] AC 487 (HL) (legal professional privilege)

R v Woodward (Terence  [1995] 1 WLR 375 (CA) (intoxication in death by dangerous driving)

Regina v Ghosh   [1982] 1 QB 1053 (CACrimD) (definition of dishonesty)

Public law  

R (on application of S) v Airedale NHS Trust   Admin Court 22/8/02 (Seclusion of detained mental patient)

R v North Thames RHA & Others   Ex parte L (1996) 7 Med LR 386 (QBD) (medical employment when must discipline)

Roy v Kensington & Chelsea & Westminster FPC   [1992] 1 AC 624 (HL) (GP terms of service)

Disciplinary  

R (Dowd) v General Medical Council Admin   [2003] All ER(D) 310 (serious professional misconduct – meaning)

Pembrey v General Medical Council  PC [2003] All ER(D) 275 (serious professional misconduct – treatment of mentally incompetent patients)

R (Cream) v General Medical Council   (Administrative Court, 31/1/02) (serious professional misconduct – meaning)

R (Nicolaides) v General Medical Council   Admin [2001] EWHC Admin 625 (Whether evidence untrue – serious professional misconduct)

Borges v General Medical Council   (Privy Council Appeal No 71 of 2000) (unreported 31/8/01) (serious professional misconduct

Roylance v General Medical Council   [1999] Lloyd’s Rep Med 139 (serious professional misconduct: chief executive of Trust; alleged bias of Chairman)

Public inquiries  Independent Inquiry into the Care and Treatment of Michael Stone [chairman]
Bristol Royal Infirmary Inquiry
Royal Liverpool Children’s Inquiry