Stuart Brown QC
Personal Injury & Clinical Negligence
For more than 20 years in silk Stuart has focused upon cases involving catastrophic injury whether arising at work, on the road or as a result of clinical negligence. His medical knowledge and expertise is such that he is on occasions asked to act in criminal and family cases where medical issues arise.
Stuart has featured for many years in both Chambers and Legal 500 guides as being highly regarded in both personal injury and clinical negligence. He is most recently described as being "technically excellent and very academic. He is super clever but also displays impressive client skills" (Chambers & Partners 2014). He is “authoritative and hugely experienced” and "noted for Clinical Negligence matters" (Legal 500 2012 & 2013) and noted as being “a vastly experienced silk whose practice is concentrated on catastrophic injury claims” who is "especially excellent on high-value claims."(Chambers UK 2013)
Chambers and Partners 2015 -(Clinical Negligence) Acts for both claimants and defendants in cases of severe injury. He is noted for his considerable expertise on obstetric negligence issues.
Expertise: "He's a highly experienced advocate who exhibits fantastic judgement."
Much of Stuart’s work involves incidents of (alleged) obstetric negligence but he is also regularly instructed in cases of anaesthetic incidents or of failures to diagnose (meningitis, cancers, etc).
Many such cases settle without trial and Stuart is highly experienced in all quantum issues and in particular periodic payments and issues of state funding.
Recent cases have included:
- Gestational diabetes
- Low birth weight babies
- Twin to twin transfusion
- Fetal alcohol syndrome
And in the non-obstetric field
- Surgical error giving rise to major brain damage
- Possible liability for pharmaceutical and defective blood and organ products
Examples of reported cases
- McCoy V East Midlands SHA  EWHC 108 Misreading of CTG tracing
- Legal Services Commission v Rasool  All ER (D) 43 (Mar);  WLR (D) 75. Limitation case concerning an action to recover costs under a revoked legal aid certificate.
- R (on the application of B) v C.I.C.A.  PIQR Q4 Deductibility of local authority benefits in CICA award
- Catholic Care and Home Office -v- Young  1 All ER 895 Limitation in case of historic sex abuse.
- Bright BJ (a minor by her father and litigation friend Peter Bright) v Barnsley District General Hospital NHS Trust  Lloyds Rep Med 449 ; LTL/31/1/06
- Cerebral palsy caused by profound hypoxia at 36 weeks. Failure to diagnose IUGR.
- Dowson -v- Sunderland H.A.  Lloyds Law Rep. Med 177 Cerebral palsy alleged to have arisen consequent upon cerebral infarct.
- Re X Trust  Wrongful insemination of a mother with another man’s sperm.
- AB -v- National Blood Transfusion Service  3 All ER 289 Product liability claim on behalf of hepatitis C transfusion recipients.
- Palmer -v- Marks & Spencer PLC  EWCA Civ 1328 Application of Working Places Regulations to minor tripping hazard.
- Schofield -v- Chief Constable of West Yorkshire Police  1C.R. 193 Nervous shock sustained by policewoman following firearms discharge.
- Swain -v- Puri  P.I.Q.R. P442 Child trespasser - ambit of 1984 Occupiers Liability Act.
- Hepworth -v- Kerr  Med L.R. 139 Damage sustained under hypertensive anaesthesia.
- National Rivers Authority -v- Yorkshire Water (H.L)  A.C. 444 Liability of statutory body for escape of sewage caused by act of third party.
- Thompson -v- Smiths Ship repairers  1 All E.R. 881 Leading authority on industrial deafness.
- Saunders -v- Leeds Western Health Authority  129 Sol Jo 225 Res ipsa application to anaesthetic mishap.
Stuart has been an occasional contributor to the Journal Of Personal Injury Law and Clinical Risk in relation to some of the reported cases listed above.
Stuart has been a regular speaker at a number of Northern Medico-Legal societies and at national conferences organised by AVMA, PIBA and others.