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| Occupation: | Barrister (Clinical Negligence) | ||||||||||||||||||||||||||
| Qualifications: | BA(Oxon), MA, Barrister
| Explanation of | Qualifications: Master of Arts | Organisation: | Atlantic Chambers | Address: |
4 - 6 Cook Street |
Liverpool Merseyside L2 9QU (View Location Map) (View Aerial Photo) DX: | 14176 Liverpool | Office Telephone: | 0151 236 4421 | Home Telephone: | 0151 932 0508 | Fax: | 0151 236 1559 (Chambers) / 0151 924 4444 (Home) | Email: |
(). | Email to Fax: | () |
|  : www.atlanticchambers.co.uk |
Google: | Search Google UK | Legal references: |
(none at present) | Areas of Expertise: |
Clinical negligence | Personal injury, inc. Employers' and Public Liability claims Product liability Background infornation :- Called to the Bar by Grays Inn in 1975 and a Crown Court Recorder since 1992. Head of Atlantic Chambers' Civil Practice Group and currently developing a dedicated Clinical Negligence Team in Chambers. Set up the Northern Circuit Medical Law Association in 2000, providing medical and legal educational training to barristers on the Northern Circuit - currently Secretary of the Association and has organised seminars/lectures for the Association and the Circuit. Scott Donovan has a particular interest in cases with interesting medical issues relating to liability and causation. In the clinical negligence field he has substantial experience in cerebral palsy and brain damage cases involving new born babies and other patients. In personal injury litigation he has considerable experience in cases of maximum severity, including brain damage and catastrophic injuries. Reported cases :- Cheryl and Anthony Conway v Cardiff & Vale NHS Trust 2004 EWCA (Civ) Ann Richmond v Southport and Ormskirk 2004 EWCA (Civ) D v East Berkshire Community NHS Trust (2003) Lloyd's rep Med 9 (on appeal to the House of Lords) Royal Liverpool Children's Hospital Inquiry (Redfern Inquiry) Organ Retention Case (Alder Hey organ retention cases) (1) Clinical Negligence Very wide experience of many types of clinical negligence case, with a particular specialist knowledge and experience of cerebral palsy cases and acquired brain damage cases involving difficult liability and causation issues. Has been involved in over 60 cases of maximum severity in recent years, and recently successfully acted for Husband and Wife in a 'wrongful birth' case involving cytogenetics and chromosome analysis. Currently involved in cases involving the following areas of medicine :- - Anaesthesia - Colo-rectal issues - Cardiology - Cosmetic surgery - ENT - GP liability issues - Neurology and neurosurgery - Nephrology - Obstetrics and gynaecology - Oncology - Ophthalmology - Oral and maxillo-facial - Orthopaedic - Paediatric issues - Pathology - Pharmacology - Psychiatry - Radiology - Rheumatology - Urology Product liability cases, breach of duty cases, etc :- Scott Donovan has been and is presently involved in a number of product liability cases and other interesting cases involving breach of duty arguments - e.g. the duty arguably owed by doctors to the mother in a Munchausen's Syndrome by Proxy -(fictitious illness case), D v East Berkshire Community Health NHS Trust (currently on appeal to the House of Lords). In 2000, he represented the parents and relatives in the Redfern Inquiry, arising out of the Alder Hey Organs Scandal. In the Alder Hey civil litigation he was a member of a team of specialist clinical negligence counsel (the litigation was settled after a successful mediation in Sept 2002). Product liability and group action cases :- (a) Benzodiaepine and steroid litigation First gained experience in product liability cases as 'Case' counsel and 'key counsel' in the Benzodiazepine Litigation. Member of the 'Key Counsel Group' in the Steroid Litigation co-ordinated by Evill & Coleman and also a member of the Benzodiazepine Litigation case counsel team and Audit Team. (b) Accord Knee Group action Instructed in relation to the Accord knee prosthesis case by Lees & Partners. There were a total of 80+ potential claimants. The case involved complex product liability issues and medico-legal issues. IT and the presentation of Evidence :- Scott Donovan is firmly committed to developing the uses of IT within the litigation process, both as a way of providing a better service and also in the presentation of more complex cases in court. In particular, he has developed a strong interest in the presentation of complex medical evidence using Powerpoint presentations and 2D and 3D images. He has used 2D and 3D evidence in a range of cases, including a cholecystectomy case, a vascular surgery case and a cytogenetics/chromosome analysis cases. Funding clinical negligence cases :- Although the vast bulk of Scott Donovan's clinical negligence work is for solicitors' firms who hold clinical negligence franchises, he also works for other firms who handle clinical negligence cases on a private funding or on a CFA basis. He is keen to develop privately funded work and CFA clinical negligence work, believing that this is a large untapped area in which many people appear to be denied access to justice. He believes that 'risk assessment' is critical and that early involvement of counsel is essential in CFA and privately funded cases. He has growing experience of CFA clinical negligence and high value personal injury cases. His clerk, Lee Cadwallader, is prepared to discuss the funding of more difficult cases which are likely to require early and substantial counsel involvement. Turnaround for papers : by arrangement - otherwise 28 days (requests for urgent turnaround will usually be accommodated). If you have any further enquiries please contact Scott Donovan directly, or either of his clerks, Lee Cadwallader (Senior Clerk) or Neil Grisdale (Assistant Clerk). Scott Donovan would, in particular, be most interested to discuss the ways in which either he and/or the Atlantic Chambers clinical team might be able to assist your firm with clinical negligence work. Geographical area of work :- All of UK Memberships of other professional associations :- Professional Negligence Bar Association (web) Personal Injury Bar Association (web) Northern Circuit Medical Law Association |
