Women in Clinical Negligence - Part 2

Please click here for Part 1 and here for Part 2

ARAG has been speaking to a number of women working in clinical negligence about their experiences and views on this challenging but extremely rewarding area of law.

We asked all of the women about a particular case, experience or moment in their career when they felt as though they were genuinely making a difference, and their responses were both candid and illuminating.

Sarah Stanton - Medical Negligence Partner, Moore Barlow LLP

There have been many. However, I took a case to the High Court some years ago relating to a delay in diagnosing meningococcal meningitis which left the client blind and partially deaf, although cognitively intact. It was hard fought and finely balanced but we won it. It was a very difficult case which depended much on the facts. Very few cases actually go to the High court so that was a career highlight. The client has remained a friend ever since.

Arti Shah - Clinical Negligence Partner, Fieldfisher

Every single time a case settles, no matter what the settlement figure is!

3 standout cases for me are:

Amelia Sutcliffe - Clinical Negligence Solicitor, The Smith Partnership

Being in the early stages of my career, I’m only at the outset of many of my own cases. However, I like to feel that I am already making a difference to my client’s lives by ensuring they are seen, heard and understood. I’ve found that sometimes that’s all a client wants; the validation that their experience was wrong, avoidable and that someone is willing to do something about that.

Ramune Mickeviciute - Solicitor, Clinical Negligence - Hugh James

I am not sure it is possible to pick one case only. The reason I like clinical negligence so much is because I feel that we are helping people. However, sometimes I feel that our hands are tied, and I wish I could do more. I personally think that cases relating to deceased people are slightly undervalued and underappreciated. I do not think that the laws are most generous for the same either.

I know that you cannot bring their loved one back, but I will always try to at least get the family that extra money to show that someone cares. Money matters, particularly in the sense that if they see that the defendant is willing to pay more, they feel that they will be less likely to repeat the same mistake with someone else, which often is one of the family’s goals.

If I can be a person that the family trusts in those difficult situations and they feel happy about the results, I will be very happy thinking that I might be making a difference in their lives.

Sarah Kingsley Fried, Senior Associate - Fieldfisher

A moment in which I knew that I was making a difference was achieving settlement for a really special client who had a short life expectancy due to a delayed diagnosis of cancer. She was leaving behind a husband and teenage son.

As lawyers, the only thing we can get for our clients is money and no amount of money can ever really make up for what has happened. That said, in this case, I knew that the money meant freedom for my client. She could concentrate on spending her final months with her family without worrying about burdening them financially after she was gone. I know that I made a real difference to that family.

Janine Collier, Executive Partner, Medical Negligence - Tees Law

There are some cases that stay with you - not because of the legal challenge, but because of the human story at their heart. I’ve acted for clients whose resilience in the face of unimaginable circumstances has been a reminder of why this work matters.

One case that stands out involved a young Muslim woman who had been subjected to a forced marriage abroad. She was imprisoned and eventually escaped, returning to the UK with nothing but a fierce determination never to be dependent on anyone again. She worked two jobs just to build her independence. Tragically, she later developed visual impairments and a mild brain injury due to a delayed diagnosis of bowel TB, which then spread to her brain.

It was a difficult case - legally, emotionally, and culturally. Her disabilities had to be hidden from her community. Securing a settlement that gave her financial independence - and crucially, the freedom to make her own choices about her future - was one of the most meaningful moments of my career. It felt like we had helped protect her from being forced back into a situation where she had no voice.

Another moment I’ll never forget came after securing a liability agreement for a child with an acquired brain injury sustained during birth. His needs were so complex that he had to be housed in a care facility, hours away from home. Every weekend, his family made the journey to be with him. When the liability agreement was finally reached, the parents hugged me and said, “We can bring our child home again.”

That’s what this work is about.