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Clinical negligence: Simon has considerable experience in all aspects of clinical negligence at all judicial levels. He is regularly instructed in high value claims concerning catastrophic brain injuries as well as claims under the Fatal Accidents Act. Simon’s practice is split evenly between Claimants and Defendants and he regularly undertakes instructions in clinical negligence cases under a conditional fee agreement.
Dental negligence: Simon has developed a particular interest in cases of dental negligence. Recent cases have involved failure to identify and adequately treat periodontitis, failed extractions resulting in displacement of the retained roots into the maxillary sinus or damage to the inferior alveolar nerve, inadequate crowns, inadequate bridgework and inadequate root canal treatment. Simon is regularly instructed by the DDU, Dental Protection and the MDDUS.
Regulatory work: Simon very regularly represents doctors before the Interim Orders and Fitness to Practise Panels of the GMC, and dentists before the Professional Conduct and Health Committees of the GDC. He has considerable experience of challenging decisions and determinations of the GMC and GDC by way of appeal or judicial review. Recent cases include:-
R ex p. Gibson v. GMC, MS & Others [2004] EWHC 2781 (Elias J.) - Applications for voluntary erasure and the approach to be adopted.
Inquests: Simon regularly acts on behalf of doctors, NHS Trusts and families in inquests where the death has occurred in the context of medical treatment and where potential verdicts of neglect or unlawful killing arise. Additionally, Simon has particular experience representing Forensic Medical Examiners or Prison Surgeons in cases concerning deaths in custody. Simon also has experience of judicial review proceedings brought to challenge verdicts.
Product Liability: Simon has significant experience in personal injury claims and, in particular, actions for product liability occurring in a medical context. Recent cases have concerned a defective electric wheelchair, a defective implantable cardioverter defibrillator (ICD), defective surgical drains and instruments.
Injunctive relief: Simon has experience of obtaining injunctions on behalf of individual doctors, NHS Trusts and solicitors’ firms under the Protection of Harassment Act 1997 as well as experience of applications to commit following breaches of such injunctions.
Judicial review: Experience of both applications seeking permission for judicial review, and substantive judicial review proceedings, arising primarily in the context of challenges to decisions of the GMC and GDC and inquest verdicts.
Mediation: Regularly instructed to act in mediations as well as more traditional round table settlement negotiations.
Ethical cases: Some experience of advising and acting in cases concerning the provision of treatment.
Inquiries: Some experience of public inquiries.
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