• I am a medical law specialist with a particular focus on representing defendants in high value and complex medical cases, particularly involving claimants who have sustained extensive brain or neurological damage following obstetric or neurosurgical treatment. I am a dual qualified solicitor and barrister and an expert in both advocacy and using mediation and alternative dispute resolution as a means to achieve settlement, where appropriate.

    Cases I have represented the Defendant on include Verlade v Guy's & St Thomas NHS Foundation Trust [2017] a high value brain injury claim relating to pediatric intensive care which was successfully defended and AS v Guy's & St Thomas NHS Foundation Trust [2017] a significant Bolam judgement concerning pioneering techniques used in pediatric cardiac surgery in 1998 in which liability was repudiated on the grounds that there was no established body of opinion on brain cooling at the time. I acted on behalf of the intervener in the recent important Privy Council case of Williams v Bermuda Hospitals Board [2016] which considered the doctrine of 'material contribution' in causation.

    As the instructing solicitor in one of the leading quantum cases Whiten v St George’s Healthcare NHS Trust [2011] EWHC (QB) I have a detailed understanding of the difficult issues involved in quantifying large awards and structuring settlements. I have been involved in developing innovative forms of indemnity and periodic payment arrangements to ensure the needs of severely brain injured children and adults are met imaginatively and with contributions from other appropriate providers.

    I lecture on risk management and legal issues arising out of claims. I have also represented Trusts at inquests and worked with NHS staff involved in the sensitive area of public child protection litigation, giving advice on evidence and information sharing.

    For over 10 years I have been recognized as a leader in the field of Clinical Negligence by Chambers & Partners and am currently ranked as a Star Associate in this specialty, UK wide.

She intimately understands the processes of clinical care within the NHS and knows how to effectively manage and determine risk and liability factors within complex cases

Chambers, 2020

Penelope's areas of expertise

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