Clinical negligence

The leading national defendant clinical negligence firm

We are the leading national defendant clinical negligence firm, with two of our offices ranked as ‘top tier’ by the Legal 500 and many of our team attracting individual praise. Our 70+ strong team of lawyers advise NHS Resolution, NHS trusts, medical defence organisations and individuals on wide ranging and important issues providing intelligent and novel solutions. We are described as ‘second to none’ by the Chambers UK guide and have huge experience in dealing with the most complex birth injury and wrongful birth claims. The team is recognised for its knowledge of the healthcare field. We also have an in house costs team as we appreciate that the cost of litigation is one of our clients’ major concerns.

‘Traditionally recognised in the clinical negligence field as a leader, Hempsons is able to handle cases at all levels. Fee earners are clever, knowledgeable and very easy to work with.” Legal 500 2020

“A great deal of thought goes into cases that reach the firm and their judgement as to the merits of cases is second to none.”Legal 500 2020

“A team which has a well established reputation but does not in any way rest on its laurels.” Legal 500 2020

“The team has a wealth of experience and access to  the best experts.” Legal 500 2020

Hempsons have many years experience of working with public sector organisations – their ability to keep pace with the numerous changes has made them the go-to firm for clear advice on healthcare matters.” Legal 500 2020

“Their expertise and knowledge is unrivalled and they can always be relied on to have an understanding of the issues at hand.” – Legal 500 2020

They have real expertise and experience in dealing with clinical negligence claims.” Legal 500 2020

Excellent service – Hempsons have an in-depth knowledge of NHS practices. Their advice is sound, well rounded and practical.” Legal 500 2020

The team is extremely client focused, especially at the more senior levels.” Legal 500 2020

“The Hempsons team is comprised of highly experienced, dedicated and professional lawyers but ones with whom you can still have an easygoing conversation and who are good humoured.” – Legal 500 2020

“Hempsons is a firm steeped in healthcare law from the perspective of medical defendants.” Chambers UK 2020

“Their main strength is their experience in the field; they know the industry inside out and know how to handle difficult cases.”Chambers UK 2020

“Market sources highlight the team for its ‘strength in depth and extensive medical knowledge’.”Chambers UK 2020

Key services and issues

  • Defendant litigation team with experience of a full range of claims
  • Class actions and other group litigation
  • Birth injury and other high value claims
  • Quantum advice
  • Costs team
  • Periodical payments
  • Indexation
  • Dental claims
  • Mental health knowledge
  • Patient safety and risk management advice
  • Knowledge of the whole healthcare sector
  • Challenging conditional fees
  • Mediation and other forms of ADR

For practitioners who receive or are involved in a claim:

Receiving a letter of claim

If you have received a “letter of claim” it is important to seek expert legal advice as soon as possible. You will generally have four months in which to investigate the case against you and produce a “letter of response”. Our market leading team of defence lawyers can help you make sure you use that time effectively, in order to produce a robust response – or, where necessary, identify the best way of settling the claim before court proceedings are issued. We can help you with obtaining relevant advice from the relevant medico-legal experts, before devising the appropriate strategy and corresponding with the other side on your behalf. If it is not possible to resolve the matter pre-action, we are able to accept service of court proceedings on your behalf and go on the record with the court as your representatives.

Court proceedings

If a claimant has indicated that they are going to serve court proceedings on you, and even more so if you have actually received court documentation, it is vital that you seek advice and representation as soon as possible, to ensure that all court deadlines are met, and that your defence case is put together as effectively as possible. Hempsons’ leading national team of clinical negligence defence lawyers has years of experience of dealing with court proceedings, and over the years we have forged relationships with the leading barristers in the country, so we can ensure you have access to the very best representation and advice, exactly when you need it most.

Whatever the nature of the claim against you, we have the expertise to help you. Contact us today to speak to one of our specialists.

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  • Chambers UK 2016
    “[Adam is]praised for his “all-round ability.”
  • Chambers UK 2017
    “[Adam is] a real thinker... If you have a problem case, he can find a way to tackle it.”
  • Chambers UK 2018
    “He’s unflappable, calm and level-headed. He’s good at managing the stress of the client.”
  • Chambers UK 2019
    “I would describe him as being great in a case analysis – he has a very intellectual, careful and cautious approach, and he is great at determining strategy.”
  • Chambers UK 2020
    “Very astute, switched-on and practical.”
  • Medical Client 2020
    “My sincere thanks to Adam Smith and team, who rose above the call of duty to help me successfully pull through my most stressful and darkest hour, with them you are not only in safe hands but experts as well.”
  • Client following HCPC hearing 2020
    “Adam you smashed it out the Park, when the panel retired I knew it would be a good result... No stone unturned.”
  • Medical Client 2020
    “I am very grateful for your support and professionalism throughout, which made a potentially traumatic and stressful experience considerably less so.”
  • Medical Client 2020
    “I cannot thank you enough for your empathic and brilliant defence by you and the team…Adam, thanks a lot as I realise you orchestrated everything with an astute thoroughness.”
  • Dental Client 2020
    “I cannot begin to describe how reassured I was by your handling of the case at all times. I was extremely lucky, as I had the best possible legal team and I am fully aware of that…I am thoroughly indebted to you for going that extra mile on my behalf.”
  • Chambers UK 2017
    “Adrienne D'Arcy is an excellent lawyer who has real attention to detail. She carries the confidence of the client and she's comfortable in the advocacy that she gives. ”
  • Chambers 2019
    “Really knows her stuff and is particularly strategic.”
  • Legal 500 2018
    “Calm and very professional”
  • Chambers UK 2017
    “Anne Ball is vastly experience with very good tactical sense. She's a good strategic thinker about claims. ”
  • Chambers UK 2017
    “Anne Ball is an extremely impressive individual who is hugely experienced and spot-on with her strategy. ”
  • Chambers UK 2019
    “Massively experienced and has great tactical awareness.”
  • Chambers UK 2019
    “She has vast experience and brings a sense of calmness and genuine efficiency to any case.”
  • Legal 500 2016
    “Anne Ball is very sharp on detail.”
  • Legal 500 2019
    “Massively experienced with great tactical awareness.”
  • Legal 500 2019
    “High quality advice and...very professional and dedicated.”
  • Chambers UK 2017
    “Bertie Leigh commands the respect of the market nationwide, with sources describing him as the doyen of clinical negligence, also noting that he continues to dazzle. ”
  • Chambers UK 2019
    “The "eminent" Bertie Leigh is an esteemed veteran of the clinical negligence market, with particular expertise in relation to obstetrics and gynaecological issues. He maintains a stellar reputation in the market, utilising his considerable experience to advise a range of health authorities.”
  • Chambers UK 2019
    “Bertie Leigh continues to enjoy a “formidable reputation” in the healthcare market, particularly where contentious healthcare regulatory work overlaps with clinical negligence.”
  • Legal 500 2016
    “The insightful, acute and incisive Bertie Leigh leads the clinical negligence practice. ”
  • Chambers UK 2013
    “He is one of the best in the country for this sort of work.”
  • Chambers UK 2015
    “Former dentist Chris Morris is ‘very effective and cares passionately about what he’s doing'.”
  • Chambers UK 2016
    “Chris Morris has ‘encyclopaedic knowledge’ of dental regulatory matters and is ‘very well connected and demonstrated enormous empathy and pragmatism – a really good collaborative lawyer and guiding hand.”
  • Chambers UK 2017
    “Chris Morris' attention to detail and risk management is unsurpassed - he has real insight into our practice area. ”
  • Chambers UK 2019
    “Chris Morris is the firm's senior partner and is well known for his expertise in defending medical professionals, particularly dentists, before their regulators. He is praised for his “pragmatic and solutions-focused” approach.”
  • Legal 500 2016
    “The ‘well-seasoned, calm and pragmatic’ Chris Morris heads the practice'.”
  • Legal 500 2017
    “Wise, experienced, good tactician”
  • Legal 500 2018
    “A top-quality lawyer who has vast experience, excellent strategic acumen and an impressive grasp of the detailed legal aspects of this field.”
  • Chambers UK 2019
    “She's a details person who is very knowledgeable and extremely good at managing difficult clients.”
  • Legal 500 2017
    “An excellent clinical knowledge with an almost encyclopedic knowledge of regulatory law in the medico-legal field”
  • Legal 500 2019
    “Handles difficult clients with real skill, and is straight talking and knows the law inside out.”
  • Chambers UK 2017
    “Kathleen Wilson is an excellent lawyer who is healthcare-based through and through. ”
  • Legal 500 2019
    “Years of experience and lots of common sense and legal nous.”
  • Legal 500 2017
    “Extremely supportive and is prepared to go that extra mile”
  • Chambers UK 2017
    “Kirsten Blohm marries an ability to focus on the detail with a very impressive ability to see things in context and look at the bigger picture. ”
  • Chambers UK 2019
    “She couples excellent knowledge with a practical mind. She is fantastic with clients and always incredibly well prepared.”
  • Legal 500 2016
    “Kirsten Blohm is singled out for her ability to stay calm under pressure.”
  • Legal 500 2016
    “Kirsten Blohm works hard to achieve a fair outcome for both sides.”
  • Legal 500 2019
    “Unflappable and tenacious litigator who is very willing to discuss new ways to resolve matters.”
  • Legal 500 2019
    “Extremely thorough...delivers advice in a timely manner.”
  • Chambers UK 2017
    “Mary Menjou is a wonderful asset to have in any team. She has strong analytical skills and very good tactical strategy. ”
  • Chambers UK 2019
    “She's an incredibly experienced clinical negligence partner; she has seen it all and has got a really good instinct for cases.”
  • Legal 500 2016
    “Mary Menjou is an outstanding performer who always secures the best possible outcome.”
  • Legal 500 2017
    “Simeon Bower is an ‘excellent litigator whose quiet and calm approach is underpinned by great skill and a strong nerve’.”
  • Legal 500 2019
    “Shrewd and realistic litigator”
  • Chambers UK 2016
    ““[Simon is] a vigorous and effective advocate” who is “very able and thorough.” “He continues to be highly regarded for his representation of healthcare practitioners."”
  • Chambers UK 2017
    “[Simon has] robust advice combined with tactical awareness and a good client manner. He is well regarded in the marketplace for his representation of medical professionals facing disciplinary proceedings.
  • Chambers UK 2018
    “He’s very experienced and knows the regulation of medical professionals inside out. He’s very thorough and very knowledgeable.”
  • Chambers UK 2020
    “Simon Eastwood is a standout lawyer who is well known for defending healthcare professionals before the GDC and GMC. Sources say: “He is hugely experienced. What he doesn’t know about regulatory work isn’t worth knowing.”
  • 2016
    “Friendly, unpretentious and prepared to work hard to achieve results.”
  • Chambers UK 2017
    “[He is] ‘a very astute and thoughtful tactician’ with sources commending his ability to ‘identify the real issues and consequences of problems and devise the appropriate strategy.”
  • Chambers UK 2018
    “[Stephen is]…very bright, very clever and works incredibly well with clients, counsel and legal experts”
  • Chambers UK 2019
    “He is very loyal to his clients, very tenacious and absolutely dedicated.”
  • Chambers UK 2020
    “[Stephen Hooper] asks the right questions and takes a systematic approach.”
  • Medical Client 2020
    “My very sincere thanks to you for your calm and reasoned approach, your thoroughness and prompt communications. You made a distressing episode considerably more manageable.”
  • Medical Client 2020
    “Just a brief note to say a very big thank you for all of your highly professional and skilled advice during the last 5 months not forgetting the day of the inquest itself….Many thanks once again for your excellent and superb service.”
  • Dental Client 2020
    “As I have said after the committee decision, I couldn’t have asked for a better lawyer.
  • Dental Client 2020
    “Thank you for your support that has gone at times also beyond the strictly professional boundaries to act both as a friend and a legal counsellor.”
  • Medical Client 2020
    “We have found Stephen to be approachable, reassuring, supportive, appropriately direct, thorough, to have offered wise counsel and to have dealt with our insecurities and concerns with patience and care no matter how irrational – and as GPs we know how irrational people’s concerns can be. We thought you should know how grateful we are that he was assigned to us.”
  • Medical Client Student 2020
    “I wanted to say a big thank you for all your help during the case. Your help during that difficult time was so vital for me getting back on the course and getting to where I am now.”
  • Barrister 2020
    “I particularly wanted to tell you how impressive I found Stephen to be. In fact, he has to be one of the best solicitors I have ever worked with. He is intelligent, perceptive, efficient, knowledgeable and extremely good with people.”
  • Legal 500 2017
    “Stephen is described as] an ‘imaginative’ associate with a ‘refreshing approach to legal problems.”
  • Legal 500 2020
    “Stephen Hooper is thoughtful, hardworking, and approachable.”
  • Chambers UK 2013
    “Huge commitment and passion for the job without being unrealistic about what can be achieved... [He is] entirely straightforward, and he fights very hard for his client. He’s the ideal solicitor.”
  • Chambers UK 2017
    “The highly experienced Surjit Dubb receives praise for his proficiency in "managing the case and the anxiety of the doctor."”
  • Chambers UK 2018
    “He has an excellent manner with clients. He’s very realistic and very down-to-earth.”
  • Chambers UK 2019
    “He’s a very thoughtful solicitor who thinks strategically and tactically.”
  • Criminal Client 2020
    “Thank you so much for fighting for me, for your professionalism and for your patience. I cannot thank you enough.”
  • Medical Client 2020
    “Please pass on my heartfelt thanks to your team for all of the hard work, kindness and patience that you have shown me over the course of what has been a testing 5 years.”
  • Medical Client 2020
    “Just a big thank you for all of your help, support, advice and guidance over the last 2 years. I was delighted to receive the news that the GMC will be closing their investigation with no further action. I am grateful to you. In you I had the best defence team. Surjit – you are an excellent, caring, compassionate and very supportive solicitor and simply the best. I would recommend you to anyone.”
  • Legal 500 2018
    “Has unmatched client care and attention to detail.”
  • Legal 500 2020
    “Surjit is a cool, calm strategist who inspires confidence in his clients and fear in his opponents.”
  • Legal 500 2017
    “Excellent at health care”
  • Legal 500 2019
    “Calm and industrious, and able to distill a large amount of material down to the central points that matter.”
  • Chambers UK 2017
    “Tania Francis skilfully sorted out a settlement, bringing a huge amount of acumen to the case. ”
  • Chambers UK 2019
    “She's fantastically diligent, extremely hard-working and very tough in not letting her clients be pushed around.”
  • Legal 500 2016
    “Tania Francis is very able, highly intelligent and very supportive.”
  • Legal 500 2017
    “Sharp, thorough, expert in Professional Discipline”
  • Legal 500 2019
    “Commits herself to clients' cases, while her previous professional experience as a doctor gives her particular insight into which points are worth pursuing.”